A cut-off date is required
The claim is fixed under Article 4 of Federal Law No. 127-FZ and the applicable procedure.
The rate changes
The Bank of Russia key rate for the relevant periods normally applies.
Status controls treatment
Register and current claims follow different rules even when both arise from delay.
Elements of the calculation
| Element | Rule | Frequent error |
|---|---|---|
| Principal | Supported by contract, performance records, payments and any judgment | Calculating on an unproven amount |
| Delay period | From lawful default to the bankruptcy cut-off or earlier termination | Continuing ordinary accrual after the procedure begins |
| Rate | Key rate for each period unless law or contract provides otherwise | Using one current rate for the whole historic period |
| Penalty | Analysed separately; cumulative recovery depends on law and contract | Automatically adding both penalty and Article 395 interest |
Creditor workflow
Classify the obligation
Identify the debt basis, due date and start of default.
Determine the cut-off
Compare the publication, court order and procedure introduced.
Split the rate periods
Show each period, principal, partial payments and formula.
File components separately
State principal, interest and sanctions on separate lines with their legal grounds.
Evidence
- contract and creditor performance records;
- payment demand and delivery evidence;
- acts, invoices, bank statements and reconciliation;
- calculation table by day or key-rate period;
- judgment if the debt was previously adjudicated;
- evidence of service on bankruptcy participants.
FAQ
Does Article 395 interest continue after bankruptcy begins?
Ordinary accrual on a register debt is displaced by special procedural consequences. Current claims and distinct grounds require separate analysis.
Can penalties and Article 395 interest be recovered together?
Not automatically. Article 395(4) and the contract must be reviewed; duplicate liability generally needs an express basis.
Can interest be charged on interest?
The general rule prohibits compound Article 395 interest unless legislation provides otherwise.
Is a prior judgment mandatory?
Not always, but the creditor must prove the debt and calculation in the bankruptcy case.
Official sources
- Article 395 of the Civil Code
- Supreme Commercial Court Plenum Resolution No. 88
- indexation of a judgment debt.
Need to verify the period and calculation for a Russian bankruptcy claim?
Initial consultation