Prove the basis
The agreement or statute must identify the breach, rate and any cap.
The period is limited
Bankruptcy imposes special cut-off rules for sanctions on register claims.
Separate register entry
The penalty does not increase voting principal and follows special payment priority.
Calculation review
| Element | Creditor evidence | Common error |
|---|---|---|
| Basis | Contract clause or statute | Penalty claimed for an uncovered breach |
| Base amount | Overdue obligation | Charging on paid debt |
| Period | Default start and lawful cut-off | Continuing beyond the bankruptcy restriction |
| Rate | Daily or other rate and cap | Mixing penalty, interest and damages |
Article 137(3) requires penalties and financial sanctions to be recorded separately and paid after principal and interest. Current obligations require a different analysis: the sanction follows the underlying claim’s regime, and later accrual on an old debt does not by itself make it current.
Creditor workflow
Establish principal
Reconcile the contract, acts, deliveries, payments and default date.
Calculate by period
Show rate changes, partial payments and the applicable bankruptcy cut-off.
Separate components
List principal, contractual interest, penalty and other sanctions separately.
File the evidence
Attach a transparent table, primary documents and service evidence.
Claiming a penalty in corporate bankruptcy
Checked on 24 October 2026. For an ordinary third-priority contractual claim, show principal and the penalty separately. Under paragraph 1 of Supreme Arbitrazh Court Plenum Resolution No. 88, an ancillary claim follows the underlying obligation’s regime: accruing a penalty after the case begins does not by itself turn it into a current payment.
Hypothetical part-payment example. The contract sets 0.1% per day and the initial overdue amount is RUB 500,000. The first 15 calculation days produce 500,000 × 0.001 × 15 = RUB 7,500. RUB 200,000 is then paid against principal. The next 10 calculation days produce 300,000 × 0.001 × 10 = RUB 3,000. Total penalty: RUB 10,500. Remaining principal: RUB 300,000.
| Component | Illustrative amount | Evidence |
|---|---|---|
| Remaining principal | RUB 300,000 | Primary records for RUB 500,000 and the RUB 200,000 payment |
| Contractual penalty | RUB 10,500 | Rate clause, periods, base and line-by-line calculation |
Illustrative request for separate treatment
“Please establish principal of [amount] and a penalty of [amount], recording the penalty separately in the register for payment under Bankruptcy Law Article 137(3).” Identify the stage, applicable procedure and evidence. This wording neither replaces the application nor establishes that the filing deadline was met.
Before filing, reconcile the contractual base, allocation of the part-payment, period boundaries and order introducing the procedure. For a corporate claim see the guide to grounds and records in a claim dispute. Separate post-supervision charges from contractual sanctions under Article 63 and Plenum Resolution No. 88.
Primary sources for this addition: Plenum Resolution No. 88 of 6 December 2013, paragraphs 1 and 4; Article 137(3).
Reduction
A debtor or participant may invoke Civil Code Article 333 where the penalty is manifestly disproportionate. Bankruptcy alone does not produce an automatic reduction; evidence and a reasoned calculation are required.
Documents
- agreement and amendments;
- acts, invoices, deliveries and payments;
- demand and breach notices;
- period-by-period calculation;
- EFRSB publications and bankruptcy orders;
- partial-payment evidence.
FAQ
Is the penalty included with principal?
It is established in the same case but recorded and paid separately.
Does it run until judgment?
Not necessarily; a bankruptcy cut-off may apply earlier.
Can it be filed after principal?
That depends on the stage, register deadline and previous claim determination.
Is it discharged in personal bankruptcy?
It generally follows the underlying obligation subject to Article 213.28 exceptions.
Official sources
Related guides: moratorium interest, Article 395 interest and creditor-register filing.
Need to review a calculation and claim priority?
Initial consultation