Not the filing date
The cut-off follows the court’s commencement order, not dispatch of the petition.
Charges differ
Contract interest, penalties, fees and current claims require separate review.
The register fixes the claim
The creditor proves its calculation and objections may be filed.
Components of a bank claim
| Component | Evidence | Review |
|---|---|---|
| Principal | Agreement and account statement | Actual advance, repayments and balance |
| Contractual interest | Rate and schedule | Accrual period before commencement |
| Default interest and penalties | Contract clause and arrears calculation | Basis, period and statutory stop |
| Fees and services | Tariff and consent | Legal basis and double counting |
| Current claims | Post-commencement legal basis | Why the obligation is genuinely current |
When accrual stops
Article 213.11(2) of Federal Law No. 127-FZ stops penalties, other financial sanctions and interest on the individual’s obligations, except current claims, from commencement of restructuring. Article 213.25(5) provides a corresponding effect during asset realization.
The rule does not erase amounts lawfully accrued earlier. They may be included in the creditor’s filed claim and verified by the bankruptcy court. If the bank already obtained a judgment, the awarded components must be reconciled with the register and actual payments rather than counted twice.
Secured and current claims
A mortgage or car pledge affects security and distribution but does not validate every later charge. Special rules for preserving a sole mortgaged home and any agreement with the secured creditor must be considered separately where relevant.
A current obligation arises after the bankruptcy petition is accepted. A new contract or payment for a service actually supplied after commencement may need current-claim treatment. An old debt is not current merely because the creditor issues a later statement.
Practical checklist
- Obtain the agreement, individual terms, schedule and full account statement.
- Separate principal, interest, penalties, fees and costs.
- Record the petition-acceptance date and each procedure’s commencement date.
- Recalculate charges to the correct cut-off and payments made later.
- Reconcile the bank claim with any judgment and the claims register.
- Give reasoned objections and evidence to the financial manager where figures differ.
Related guides: personal bankruptcy, filing a creditor claim and bankruptcy articles.
Frequently asked questions
Does interest stop when the petition is filed?
No. The legal cut-off follows the court order commencing a procedure.
Is previously accrued interest erased?
Not automatically. Lawfully accrued amounts may be verified and included in the register.
May the bank charge penalties during the case?
Most sanctions on register claims stop; current claims require separate classification.
What about the app balance?
Request a formal detailed calculation and compare it with the register and judgments.
Are mortgages different?
Security affects distribution but the nature and period of every charge still require review.
Official sources
- Bankruptcy Law Article 213.11;
- Bankruptcy Law Article 213.25;
- Bankruptcy Law Article 5 on current claims.
Does the bank calculation differ?
We can separate principal and charges and verify procedure dates without promising a predetermined outcome.
Initial consultation