Who can change an approved plan?
Initial preparation and approval are covered in our general guide to debt restructuring. This article addresses the next stage: a plan is in force, but the existing schedule needs adjustment.
| Situation | Route | Evidence needed |
|---|---|---|
| The debtor proposes a revised schedule | Article 213.20: proposal, creditors’ meeting and court | Reasons for amendment and feasibility of the revised calculation |
| A longer period is needed | Article 213.20(6) | The applicable limit, approval or grounds for extension without it |
| The debtor’s financial position improves | Article 213.21: creditors’ meeting initiative | Comparison with the approval date and capacity for greater or faster repayment |
How the debtor proposes amendments
- 1. Prepare the proposal
A revised schedule, reasons and supporting documents. - 2. Submit it
Follow the creditor notification route prescribed by Article 213.20. - 3. Obtain a meeting decision
Votes are counted against the total registered voting rights. - 4. Apply to the court
The commercial court must approve the amendments.
The debtor sends proposals to the financial administrator. Within 15 days of receiving them, the administrator must send the amended plan to bankruptcy creditors and the authorised public body by registered post with delivery confirmation. A meeting to consider the amendments must be convened within one month of dispatch.
Approval requires a majority of the total voting rights of bankruptcy creditors and the authorised body whose claims are in the register. A majority only of those attending is not equivalent to this rule.
The court then considers the amendments. The statute provides for approval where the meeting approves them, adjournment where it refuses and an Article 213.17(2) motion is made, or refusal of approval. Creditor refusal does not put the proposed schedule into effect; the possible next court decision depends on the case. Approval and refusal orders may be appealed.
How long can a restructuring plan be extended?
With meeting approval, the court may extend performance within the maximum implementation period. Under Article 213.14, the ordinary limit is five years; a plan approved under Article 213.17(4) is limited to three years. This is the overall plan period, not an additional five or three years after the original completion date.
This does not grant automatic deferral whenever income falls. The debtor must show an objective obstacle, its effect on particular payments, good faith and realistic performance after extension. An application to extend an already five-year plan without creditor consent does not become a permissible “eight-year plan”.
Documents and calculations to prepare
Compare the schedules
The existing plan and approval order, payments actually made, outstanding balance, revised monthly schedule and completion date.
Explain the changes
Evidence of changed income or an objective obstacle, when it arose and how it prevented compliance with the original schedule.
Test feasibility
Documented income sources, necessary expenses, dependants’ needs and a calculation of funds available for repayment.
The application should identify the case, approval date, provisions to be amended, legal grounds and requested result. For agreed amendments, include the meeting decision and evidence of procedural compliance. For extension without approval, separately explain Article 213.20(6) and paragraph 12 of the Supreme Court Review.
Hypothetical calculation, not a reported case. An outstanding RUB 600,000 is due over 12 months at RUB 50,000 per month. A proposed 20-month schedule would require RUB 30,000 per month. This arithmetic illustrates a change, but does not establish a right to extension: check the overall period, grounds, expenses and approval procedure. Unsupported expectations of future income are weaker than a documented payment source.
Can creditors require amendments?
Yes, if the debtor’s financial position improves. Under Article 213.21 the meeting may apply to the court with a motion and proposed amendments. It must prove improvement compared with the position on the approval date and capacity to repay included claims sooner and/or a greater number of claims than the plan provides.
The decision to apply requires a majority of all registered voting rights. The court notifies the participants and either approves or refuses the amendments; both orders may be appealed. A salary increase alone does not replace evidence of its effect on available funds and performance.
Frequently asked questions
Can I simply agree a lower instalment with the bank?
Amending an approved plan requires the bankruptcy procedure and court approval. One bank’s consent does not replace the meeting decision and court order.
Are five years added to the original period?
No. Five years is the overall maximum for an ordinary plan. A plan approved under Article 213.17(4) has a three-year limit.
Must every creditor agree?
Ordinary amendments require a majority of the total votes of bankruptcy creditors and the authorised body whose claims are registered. Article 213.20 does not require unanimity.
Is extension possible without meeting approval?
Article 213.20(6) provides for extension up to three years. Paragraph 12 of the Supreme Court Review permits consideration of objective obstacles to good-faith performance beyond force majeure. The court assesses the grounds and documents.
Can a court refusal be appealed?
The statute allows appeal of refusal to approve amendments and of an order addressing extension. Check the deadline and procedure against the particular court order.
Legal sources
- Law No. 127-FZ, Article 213.20: debtor-initiated amendments and extension.
- Article 213.21: creditors’ meeting initiative.
- Article 213.14: contents and maximum plan period.
- Article 213.17: court approval.
- Supreme Court Review of personal bankruptcy cases, approved 18 June 2025, amended 29 April 2026: paragraph 12 (Russian PDF).
Check the revised schedule before applying
A consultation can compare the existing plan, changed circumstances and revised budget to identify the permitted period and supporting documents.
Discuss the restructuring plan →