Russian law uses two different routes to exclude property from a personal bankruptcy estate. Statutorily protected assets are excluded by the financial practitioner under Article 213.25(3). Other low-value property may be excluded by the court on a reasoned motion where sale would not materially affect creditor recovery; the total cap for this route is RUB 10,000.
Statutory exemption
Property protected from enforcement under Article 446 of the Civil Procedure Code is not sold in bankruptcy.
Reasoned motion
For other assets, prove low value and the absence of a meaningful creditor benefit.
Dispute
A disagreement with the practitioner is resolved by the commercial court within the insolvency case.
Property Excluded without the RUB 10,000 Cap
Article 213.25(3) refers to civil enforcement exemptions. This category includes an ordinary unencumbered only home and other necessary property listed in Article 446. The RUB 10,000 cap in paragraph 2 does not apply because the two paragraphs create separate legal grounds.
When a Reasoned Motion Is Required
Article 213.25(2) permits exclusion of property that is technically enforceable where expected sale proceeds would not materially affect creditor distributions. The court reviews aggregate value, appraisal and sale costs, liquidity and the realistic estate benefit. The total value excluded on this specific ground cannot exceed RUB 10,000.
| Ground | Decision-maker | Evidence | Result |
|---|---|---|---|
| Article 213.25(3) and Article 446 | Practitioner; court if disputed | Asset belongs to a protected category | No sale |
| Article 213.25(2) | Debtor or another case participant applies | Value, low liquidity and immaterial recovery effect | Court approves a list within RUB 10,000 |
| Ownership or classification dispute | Court under Article 60 | Title, legal regime and facts | Inclusion or exclusion order |
| Protected income | Practitioner and court if disputed | Source and statutory purpose of payment | Funds excluded under special rules |
How to Draft the Motion
- Identify the case, debtor, practitioner and applicant.
- Describe every item, its condition, location, title and current value.
- Select the correct legal ground instead of combining unrelated exemptions.
- Show sale economics, including appraisal, storage and sale costs.
- Attach title, photographs, receipts, valuation and relevant medical or family evidence.
- State a precise list that the court can reproduce in its order.
- Serve the participants and preserve filing and service evidence.
Common Reasons for Refusal
- ownership or value is not proved;
- the Article 213.25(2) total exceeds RUB 10,000;
- the asset is liquid and sale would materially benefit creditors;
- the motion disguises an attempt to protect a valuable asset;
- the property has already been sold or cannot be identified;
- the applicant uses the property route for a payment governed by separate income rules.
Court Order and Appeal
The court approves the paragraph 2 exclusion list by a separate order, which may be appealed. Disputes about paragraph 3 protected property follow Article 60(2) of Federal Law No. 127-FZ. The appeal method and period should be checked against the actual order and the Commercial Procedure Code rather than a generic template.
Frequently Asked Questions
Does the RUB 10,000 cap apply to the only home?
No. The only-home exemption follows Article 213.25(3) and Article 446. The cap belongs to the separate low-value-property route.
Can a work computer be excluded?
Potential grounds include a professional-tools exemption or low-value property. Purpose, value and actual use must be proved.
Who may file the motion?
The debtor and other persons participating in the personal bankruptcy case may apply under paragraph 2.
Is a formal valuation mandatory?
No universal form applies in every case, but persuasive current-value evidence is necessary to test the cap and sale economics.
Can rent money be excluded through this route?
Necessary housing expenses are a separate income-and-expense issue requiring evidence of a genuine lease, reasonable rent and family need.
Official Sources
- Article 213.25 of Federal Law No. 127-FZ.
- Article 60 of Federal Law No. 127-FZ.
- Article 446 of the Civil Procedure Code.
- Supreme Court Review of 18 June 2025.
Related guides: property realization, the only home and housing rent expenses.
Need a Position on Specific Property?
An initial consultation can identify the correct exclusion ground, evidence and procedural route.
BOOK AN INITIAL CONSULTATIONThis material is general information and does not replace review of the individual case.