Court procedure
The practitioner does not independently reconsider an effective admission order.
New circumstances
Arguments already examined, or knowingly withheld, cannot simply be repeated.
Special deadline
Articles 71(8) and 100(8) of Law No. 127-FZ set a three-month period.
When removal may be sought
The mechanism applies where an entitled participant discovers facts indicating that an admitted claim is unfounded or should have another priority. Examples may include proof of payment, a sham basis, absence of the alleged funding or another fact that was objectively unavailable when the claim was determined.
This differs from the initial process for lodging a claim in the register, an appeal against the admission order, and procedural succession after assignment.
| Situation | Procedure | Main issue |
|---|---|---|
| Error in the original order | Appeal | Appeal deadline and grounds |
| New evidence that the debt is unfounded | Application for removal | When and why the evidence became available |
| Incorrect priority | Application to change priority | New facts and legal classification |
| Assignment or inheritance | Procedural succession | Transfer of the claim, not its validity |
Who may apply
An application may be filed by a person entitled to object to creditor claims, including the debtor, the practitioner and participating creditors within their procedural status. The applicant must establish both the defect and the date on which the new information was obtained.
Practical sequence
- Obtain the admission order and a register extract.
- Separate genuinely new circumstances from arguments already considered.
- Record when the relevant documents or information were received.
- Prepare the requested full or partial removal, or change of priority.
- Attach evidence and serve the parties to the separate dispute.
- Monitor the case docket and the Federal Bankruptcy Register.
Frequently asked questions
Can the practitioner delete the entry?
As a general rule, a court-established entry is changed on the basis of an effective court order.
Can only part of a claim be removed?
Yes, where the unfounded portion and the remaining amount can be determined.
Can the three-month period be restored?
The statute permits restoration for a valid reason, which the applicant must prove.
Does removal automatically recover prior distributions?
No. The consequences of completed distributions and any recovery route require separate analysis.
Official sources
- Article 16 of Insolvency Law No. 127-FZ;
- Article 100 of Insolvency Law No. 127-FZ;
- Russian Supreme Court Plenum Resolution No. 40 of 17 December 2024.
Have you found an unfounded claim?
We can review the admission order, new circumstances and filing period without promising automatic removal.
Initial consultation