The claim survives
Unpaid compensation may remain enforceable after bankruptcy.
A judgment matters
A description of distress alone does not establish the monetary claim.
Components differ
Moral damage, loss, consumer penalties and costs require separate classification.
Components of a judgment
| Amount | Nature | Bankruptcy issue |
|---|---|---|
| Moral-damage compensation | Compensation for infringement of a personal non-property interest | Survival under Article 213.28 |
| Life or health injury | Specially protected claim | Priority and survival of the unpaid balance |
| Property loss | Monetary damage | Cause of loss and discharge exceptions |
| Consumer penalty | Sanction for failure to satisfy a demand voluntarily | Not automatically moral damage |
| Litigation costs | Procedural reimbursement | Origin date and link to the main claim |
Why the claim is not discharged
Article 213.28(5) of Federal Law No. 127-FZ lists claims outside the individual’s discharge, expressly including moral-damage compensation. It is a specific exception to the general rule.
Failure to file it in the register does not turn it into ordinary discharged debt. The statute preserves listed claims regardless of participation, although later enforcement requires a proper judgment and enforcement instrument.
Creditor checklist
- Obtain an effective judgment and enforcement writ.
- Separate moral damage from other awarded sums.
- Review Fedresurs notices and the bankruptcy docket.
- File the claim in time to participate and receive case information.
- After completion, read the final order and calculate the unpaid balance.
- Present the writ subject to the rules for ending and resuming enforcement.
Debtor checklist
Disclose the claim fully even where discharge is expected for other debts. Provide the judgment, enforcement records and payment history. Concealment harms the debtor’s position and does not make the claim dischargeable.
After completion, separate the surviving compensation balance from discharged amounts. If other components are enforced, their treatment may be challenged through the proper procedure.
Related guides: bankruptcy consequences, enforcement proceedings and claims that survive.
Frequently asked questions
Is compensation partly discharged?
The unpaid balance survives completion, after crediting payments made during the case.
Must the creditor file?
Filing enables participation and distributions, but the special claim does not vanish solely because it was not filed.
Does a consumer penalty survive too?
It is not automatically moral damage and requires separate classification.
What if the amount is not yet determined?
A judgment is normally needed to establish the basis and monetary amount.
Can the parties agree on payments?
Lawful settlement is possible, but it must respect the procedure and other creditors’ rights.
Official sources
- Bankruptcy Law Article 213.28;
- Russian Civil Code Article 151;
- Supreme Court 2023 insolvency review;
- 2025 personal-bankruptcy review.
Need an award classified?
We can separate moral damage from related amounts and assess bankruptcy consequences from the judgment.
Initial consultationA Non-Pecuniary Damages Claim Survives Bankruptcy
| Review | Record | Outcome |
|---|---|---|
| Basis | Civil judgment | Personal claim |
| Amount | Operative part | Original award |
| Payments | Statements and register | Balance |
| Completion | Final order | Survival |
| Enforcement | Writ | Post-case route |
Obtain the judgment
Do not rely on a party’s summary.
Reconcile payments
A paid portion must not be recovered twice.
Check the writ
Only the supported balance proceeds after the case.
Survival Does Not Validate Every Claimant Calculation
Article 213.28(5) of Federal Law No. 127-FZ expressly preserves unpaid non-pecuniary damages. The commercial court issues writs for admitted and unpaid surviving claims through the prescribed route. The debtor may still verify arithmetic, credit for payments, claimant identity and the writ’s scope. Do not merge non-pecuniary damages with litigation costs or property loss. The label “fine” or “damage” in a bank statement is insufficient. Obtain the administrative order, criminal judgment or civil decision, enforcement writ, effective date, details of the victim or public authority and the outstanding calculation. Determine separately whether the amount is an administrative or criminal penalty, non-pecuniary damages, personal-injury compensation, property damage or an ordinary contractual debt. These categories follow different enforcement and discharge rules. Disclose the claim fully to the financial manager and court even where the debtor disputes or appeals it. Admission to the register does not prove that the amount will be discharged, while absence from the register does not necessarily extinguish a surviving personal liability. Review the operative completion order, Article 213.28(3)–(6) of Federal Law No. 127-FZ and the special law governing execution of the penalty or judgment. This guide gives no discharge promise and does not replace analysis of the particular legal basis.