An individual debtor’s response to a creditor’s Russian bankruptcy petition is the procedural answer filed after the commercial court accepts a petition submitted by a bankruptcy creditor or an authorised public body. The response should state the debtor’s position, attach supporting evidence, and provide the special information about assets, income and accounts required for an individual. Article 47 of Federal Law No. 127-FZ sets a ten-day period running from receipt of the court order accepting the petition.
This guide is current as of 17 August 2026 and reflects Federal Law No. 127-FZ as amended on 10 June 2026. The actual filing and evidence depend on the petition, the court order and the underlying debt documents.
Short answer
After receiving the acceptance order, prepare the response, file it with the commercial court, serve it on the applicant, prove service, and attach the documents listed in Article 213.5(6). Silence is unhelpful even if the debt is admitted: the court needs information about total liabilities, accounts, enforcement proceedings, assets and income. Failure to file a response does not stop the court from hearing the petition.
A response, objections and motions are different
| Document or section | Purpose | What it contains |
|---|---|---|
| Response | The complete procedural answer to an accepted petition | Mandatory information, position, evidence and attachments |
| Objections | A challenge to the claim or the conditions for opening the case | Specific points about the existence, amount or maturity of the debt or another legally material issue |
| Motion | A request that the court take a procedural step | For example, obtaining evidence or admitting a document where a legal and factual basis exists |
Objections may form one section of the response, but they do not replace the mandatory information and individual-specific attachments. A short letter saying only “I disagree” will not normally satisfy Articles 47 and 213.5.
When the ten-day period starts
Article 47 links the period to receipt of the commercial court’s order accepting the creditor’s or public body’s petition, not to the date on which the petition was filed or the future hearing date. Keep the envelope, delivery notice, electronic notification or other evidence of receipt.
If the order arrived late, the period appears to have expired, or the hearing is close, prepare and file the response without delay, explain the circumstances and attach proof. The court decides how to treat the documents; restoration or acceptance cannot be promised in advance.
Where and how to send the response
The response is filed with the commercial court hearing the petition and served on the applicant — the bankruptcy creditor or authorised public body. Evidence that a copy was sent to the applicant must accompany the court copy. Also follow the acceptance order and check whether the court requires service on any other participant.
The document may be filed through an authorised electronic system, the court registry or by post, as permitted for the particular court. Retain evidence of both content and dispatch date; a bare cash receipt may not prove what was sent.
Mandatory content under Article 47
- the commercial court, case number, applicant and individual debtor details;
- the debtor’s position on the claim and specific objections, if any;
- the total liabilities under monetary obligations and mandatory payments;
- all bank accounts and, if applicable, a digital-ruble account;
- pending enforcement proceedings;
- evidence showing why the applicant’s claim is unfounded, where relied upon;
- other relevant information and any properly supported motions;
- a schedule of attachments and proof of service.
Special attachments for an individual under Article 213.5
| Attachment | What to verify | Common mistake |
|---|---|---|
| Asset inventory | Location or storage, pledged assets, pledgee details and the current prescribed form | Listing only real estate and omitting vehicles, interests, money or other assets |
| Income information | The statutory preceding period and evidence for all actual income sources | Providing one employment certificate despite other receipts |
| Bank certificates and statements | All accounts and deposits, balances, electronic money and transactions; documents obtained no earlier than ten days before sending the response | Using old statements or omitting a bank |
| Digital-ruble information | The account, balance and transactions if such an account exists; the same ten-day freshness rule | Omitting the account because no conventional bank statement exists |
Forms, reporting periods and the final bundle must be checked against the current law and the court order. An asset or account should not be concealed merely because the individual believes it is exempt from enforcement.
How to state the position on the debt
Separate the analysis into verifiable questions: whether the obligation arose, whether the applicant is the proper creditor, how the amount was calculated, whether the debt matured, what has been paid, whether an enforceable judgment exists, and whether the claim falls within an Article 213.5(2) exception. Link each contention to a document and a particular part of the claim.
When objections may show a genuine dispute
Paragraph 14 of Supreme Court Plenum Resolution No. 45 explains that, where no final judgment confirms the claim, objections concerning the existence, amount or maturity of the debt may demonstrate a dispute that must be resolved outside bankruptcy. The result depends on the legal basis of the claim and the evidence.
If the individual admits both the debt and default but objects only to the opening of bankruptcy, the court may regard the position as artificial delay. A dispute should never be invented or documentary evidence denied without a factual basis.
What to check in the creditor’s petition
The response should answer the actual petition rather than repeat general bankruptcy rules. Check the applicant and any assignment, the judgment or the legal basis for filing without one, the amount and calculation, the date of default, statutory thresholds, the individual’s entrepreneur status, and the supporting documents.
The applicant-side rules are covered separately in our guide to a creditor petition for an individual’s bankruptcy. The new response should not duplicate the creditor’s filing instructions.
Model structure of the response
1. Heading: court, case number, applicant, individual debtor, addresses and identifiers.
2. Introduction: when the acceptance order was received, which petition was accepted and the relevant hearing.
3. Position: whether the claim is admitted in full, in part or disputed, with a separate point for each contested element.
4. Mandatory information: total liabilities, accounts, enforcement proceedings and the other Article 47 information.
5. Individual-specific information: assets, income, bank and digital-ruble accounts under Article 213.5(6).
6. Relief requested: only conclusions and motions supported by the facts and law.
7. Attachments: supporting evidence, the mandatory bundle and proof of service.
This is not a ready-to-file universal form. The requested relief depends on whether a judgment confirms the claim, whether a genuine dispute exists, whether payment has been made, and which procedural outcomes the law permits.
Steps after receiving the acceptance order
- Record receipt. Keep proof and calculate the last day of the ten-day period.
- Obtain the file. Download the petition and attachments or request missing documents.
- Reconcile the debt. Check the basis, creditor, calculation, payments, maturity and judgments.
- Choose the position. Separate admitted facts from genuine disputes and formulate provable objections.
- Collect special attachments. Prepare the inventory, income information and fresh records for all accounts.
- Draft the response. Include mandatory information, evidence, motions and a clear requested conclusion.
- Serve the applicant. Retain proof of the content and dispatch date.
- File with the court. Attach proof of service and verify that the filing appears in the case record.
- Prepare for the hearing. Bring originals and be ready to explain the calculation, assets and each contention.
If the individual admits the debt
Admission does not remove the need to file the response and information. State what amount is admitted, what payments were made and which parts of the calculation still require clarification. Describe the actual financial position and attach a complete, accurate bundle.
Do not create fictitious objections merely to gain time. The court will still examine whether the petition is substantiated and which procedure, if any, should follow.
If the debt was paid in full or in part
Attach payment orders, receipts, bank statements, set-off documents or other proper evidence. Show which obligation each payment relates to and how it affects principal, interest and other charges. A debtor-created spreadsheet without primary evidence may be insufficient.
Partial payment does not always remove the basis for the petition. The court examines the remaining amount, default and other conditions at the legally relevant time.
If the creditor’s evidence is incomplete
Identify the missing document, explain why the claim cannot be verified without it, and state which fact remains unproved. Where justified, the debtor may ask the court to obtain evidence, but the motion should explain why the debtor cannot obtain it and where it is held.
A general statement that “the creditor proved nothing” is weaker than a document-by-document analysis of the agreement, calculation, assignment, judgment and payment record.
What happens if no response is filed
Article 47(3) expressly states that the absence of a response does not prevent the bankruptcy case from being considered. The court may examine the petition on the available record. The individual risks failing to place the position, evidence and mandatory information before the court, but non-filing does not by itself amount to automatic acceptance of every creditor allegation.
Late filing should not be a strategy. The earlier the court and applicant receive a complete response, the lower the risk that important issues will be addressed without the individual’s prepared position.
Common mistakes
- counting from the hearing date rather than receipt of the acceptance order;
- filing only with the court and failing to prove service on the applicant;
- replacing a complete response with one sentence of disagreement;
- disputing the full amount despite documented debt and payments;
- using stale bank records or omitting accounts;
- concealing an asset, pledge, income source or enforcement proceeding;
- copying a corporate form without the individual-specific attachments;
- requesting guaranteed dismissal without an available legal ground.
Frequently asked questions
Can the response be filed after ten days?
Filing promptly is generally better than not filing. Explain the delay and prove when the order was received. The court decides how to treat the timing and documents.
Is a response needed if I admit the debt?
Yes. The law also requires information about liabilities, accounts, enforcement proceedings, assets and income. Admission does not remove that bundle.
Are objections enough without an inventory and statements?
No. Article 213.5(6) prescribes special attachments for an individual. Check the current provision and the court order for the complete bundle.
Will a dispute over the amount stop bankruptcy?
Not automatically. The court examines whether the dispute is genuine and material, the basis for filing without a judgment, and both parties’ evidence. An artificial objection made only to delay may be rejected.
Can the response be filed electronically?
Yes, through an authorised filing system and in compliance with the court’s requirements. A copy must still be served on the applicant and proof retained.
Is there a universal form?
There is a common structure, but no universally safe requested-relief section. It depends on the judgment, basis of the claim, calculation, payments and nature of the objections.
Official sources
- Article 47 of Federal Law No. 127-FZ — period, content and effect of non-filing;
- Article 213.5 of Federal Law No. 127-FZ — the individual’s special attachments;
- Article 213.6 of Federal Law No. 127-FZ — the substantiation hearing;
- Supreme Court Plenum Resolution No. 45 — paragraph 14 on genuine disputes and artificial objections.
Related guides
- creditor petition for an individual’s bankruptcy;
- step-by-step individual bankruptcy procedure;
- filing a claim in the creditors’ register;
- individual bankruptcy legal assistance.
Review the response and document bundle
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