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Excluding a Claim from the Creditor Register in Russian Personal Bankruptcy

CREDITOR REGISTER

Excluding a Claim in Russian Personal Bankruptcy

To change an admitted claim, first identify the ground and procedure. Exclusion, judicial review, recording payment and creditor succession serve different purposes.

Legal provisions checked on 6 September 2026.

The Manager Does Not Delete an Admitted Claim on a Letter Alone

A final court order is normally required to alter the register. Exclusion is not a second appeal but requires a proper legal ground.
SituationPossible routeNot enough
Source judgment reversedReview admissionCorrespondence
Creditor withdrawsApplication and orderOral request
Creditor replacedSuccessionDeleting debt
Claim paidRecord distributionsTreating debt as unreal
Unfounded claim discovered laterArticle 100(8) applicationRepeating old arguments

Obtain admission order

Identify exactly what was established.

Identify the ground and deadline

Record when the relevant circumstances became known.

Choose the right procedure

Exclusion, review and succession are not interchangeable.

Applying After a Claim Has Been Admitted

Article 100(8) of the Bankruptcy Law provides a separate application where, after admission, circumstances become known indicating that a claim is unfounded or has a different priority. A person entitled to object may apply to the bankruptcy court. This is not a request to the manager to delete a row, or simply a repetition of earlier arguments without explaining the newly identified ground.

The deadline is three months from when the applicant learned or should have learned of those circumstances. The court may restore a deadline missed for a valid reason. Support not only the debt position but also the discovery date: when a statement arrived, records became accessible or a response was received. Waiting for a convenient moment does not move the starting date.

Why a later document does not always create a new ground

Paragraphs 33–34 of Supreme Court Plenum No. 40 limit this remedy. It cannot repeat previously considered arguments or rely on previously known circumstances and evidence the applicant could have presented originally. A separate application also cannot provide another attempt where the same exclusion issue on the same grounds was already considered on another participant’s application.

For the hypothetical RUB 150,000 payment example: identify when the statement arrived and why the transaction information was previously unknown and could not have been presented. If the payment was already debated or the statement was in the case file, a later printout does not itself make the circumstance new. Compare the proposed application with the original objections and order before selecting the remedy.

Must the Admission Order Be Reversed First?

Not in every case. Paragraphs 31–32 of Supreme Court Plenum Resolution No. 40 of 17 December 2024 distinguish the special Article 100(8) route from judicial review: a well-founded application does not require separate reversal of the admission order. The court may decide on documents or schedule a hearing.

Do not confuse this with challenging another judgment underlying the debt. Where that judgment is the obstacle, its grounds and review procedure require separate assessment, including Article 16(12). Disagreement with an issue already decided does not make a judgment ineffective.

Who May Apply and What to Attach

Article 16(10) identifies entitled persons: participants in the bankruptcy case and related proceedings, including creditors who have filed claims through the prescribed procedure. It also covers a person objectively unable to lodge a claim yet who substantiates the likelihood of a future claim. A general personal interest in the case is insufficient.

Identify the case, creditor, admission order, disputed amount or priority, circumstances and precise relief sought. Attach the order, supporting records, calculation of the disputed portion, evidence of discovery and required service. If the deadline was missed, substantiate a restoration request at the same time. A representative must provide evidence of authority.

Hypothetical example: an earlier payment was overlooked

A RUB 500,000 claim was admitted. Another creditor later obtains bank records showing that RUB 150,000 had been paid before admission but omitted from the calculation. Check the payment purpose, connection to this particular obligation and why the information was previously unavailable. If established, the dispute concerns that portion, not automatic deletion of the entire RUB 500,000. The court assesses both the evidence and compliance with the deadline.

Payment During the Procedure Is Different

Where the financial manager distributes money and pays part of an admitted claim, that payment is reflected in the accounting of distributions. It does not mean the original admission was unfounded. Reconcile dates, amounts, payment references and outstanding balance to avoid double counting.

A debt sale likewise does not extinguish the claim: transfer of rights calls for creditor substitution. For a partial transfer, compare the portions held by the former and new creditor particularly carefully. The separate succession article is linked below.

A Creditor Requesting Exclusion of Its Own Claim

Paragraph 8 of Supreme Commercial Court Plenum Resolution No. 29 of 15 December 2004 permits a creditor to abandon enforcement of its own claim through a court exclusion order. This is a serious procedural step: the guidance does not permit a renewed application for the same claim already determined in bankruptcy. Do not use withdrawal as a temporary removal during negotiations.

After the judicial act, check that the register reflects its wording: creditor, excluded portion, remaining amount and priority. The general requirement for a judicial basis appears in Article 16(6). Correspondence with the manager helps reconcile records but does not replace a necessary court application.

Before Applying

Objections before admission · Replacing the creditor

Chronology and wording for partial exclusion

Build a chronology: [admission date] → [circumstance discovered] → [when known or reasonably discoverable] → [supporting evidence] → [filing date]. Attach requests, responses and delivery records where they explain access to information. A later response date does not remove the question of when the circumstance should have become known.

Hypothetical wording for the example, if the grounds are established: “Exclude RUB 150,000 from [creditor]’s claim admitted by the order dated [date] in case No. [number], leaving RUB 350,000 with its components identified. The circumstance [description] was discovered on [date]; it could not previously have been presented because [reasons]. Attachments: admission order, transaction records, counter-calculation, chronology evidence and proof of service.”

Frequently Asked Questions

Can I simply ask the manager to delete the debt?

Excluding an admitted claim requires a proper judicial basis. First distinguish an exclusion dispute, review of an order and recording distributions already made.

Do the three months run from admission?

For an Article 100(8) application, the starting point is when the applicant learned or should have learned of the circumstances relied upon. Substantiate that date and compliance with the deadline.

Can only part of the amount be excluded?

The relief requested should match the established ground. If only part is disputed, identify it and provide a calculation rather than seeking unjustified exclusion of the whole claim.

Legal Sources

Article 100(8) and Plenum No. 40 paragraphs 31–34 rechecked on 21 October 2026 for the special exclusion procedure and its limits.

Bankruptcy Law, Article 100(8) (Russian) · Article 16: register and participants (Russian) · Supreme Court Plenum No. 40, paragraphs 31–34 (Russian) · Plenum No. 29, paragraph 8 (Russian)

Need the Grounds for Exclusion Reviewed?

We can examine the orders, calculation and newly discovered records, assess the deadline and prepare a procedural position.

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