Accord and Satisfaction in Russian Bankruptcy: Transfer and Avoidance

27.08.2026

Short answerAs a general rule, the debt ends when the agreed alternative money, asset, work or other performance is actually provided, not merely when the accord is signed. In bankruptcy, a transfer to one creditor is also reviewed for equivalent value, procedural restrictions and creditor preference.

Two stages

The agreement defines alternative performance; actual provision discharges the debt.

Form follows the asset

Real estate, company interests and certain rights require registration or notarisation.

Bankruptcy review

Individual asset transfer may conflict with collective creditor distribution.

Accord, novation or sale

Structure	Debt termination	Main distinction
Accord and satisfaction	Upon actual alternative performance	Creditor accepts something else in discharge
Novation	When the replacement agreement takes effect	A new obligation arises between the same parties
Sale	Does not automatically discharge the old debt	Independent reciprocal payment obligation
Set-off	Upon effective declaration and statutory conditions	Mutual homogeneous claims terminate

Civil Code Article 409 allows a debt to end through alternative performance. Supreme Court Plenum Resolution No. 6 emphasises actual provision and compliance with the form applicable to the transferred asset. Partial transfer requires a finding on whether the whole debt or only part ended.

The agreement has no avoidance immunity. Performance in a suspect period may be reviewed as unequal consideration or creditor preference under Bankruptcy Law Articles 61.2–61.3.

Transaction review

Establish the original debt

Prove basis, amount, maturity, security and performance before the accord.

Describe the subject precisely

State the asset, value, condition, transfer date and discharged debt amount.

Document performance

Use an act, payment, rights registration or notarial action as required.

Assess bankruptcy impact

Compare asset and debt values, creditor position, timing and party knowledge.

Documents

original contract and debt calculation;
accord agreement with a defined subject;
independent valuation or market-price evidence;
transfer act, payment or registration entry;
corporate approvals and required consents;
financial-condition and creditor evidence.

FAQ

Does signing alone discharge the debt?

Usually no; discharge follows actual provision unless the parties lawfully created another clear structure.

Can the asset exceed the debt value?

Terms may be agreed, but a material difference requires explanation and increases avoidance risk.

Is every accord a preference?

No. Timing, priority, other creditors, ordinary course and Articles 61.2–61.4 are assessed.

What follows avoidance?

Article 61.6 returns value to the estate and restores the counterparty claim under the applicable priority.

Official sources

Related guides: novation, set-off and restitution after avoidance.

Need to assess an accord and its avoidance risk?

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