Same dispute
The participant changes, but the established claim and completed procedural steps normally remain.
Evidence required
The court checks the legal basis, scope of the right and applicable restrictions.
Court order
After substitution, the practitioner records the new creditor in the claims register.
When substitution is needed
Article 48 of the Commercial Procedure Code allows succession at any stage where a party leaves a disputed or judicially established legal relationship. In bankruptcy, creditor status carries voting, distribution and challenge rights only within the recognised claim.
| Ground | Transfer evidence | Court review |
|---|---|---|
| Claim assignment | Agreement, transfer records and relevant payment evidence | Subject, scope, restrictions and debtor notice |
| Reorganisation | Corporate register, transfer act or separation balance | Which entity received the specific right |
| Death | Death certificate and inheritance records | Acceptance and scope of the inherited right |
| Debt transfer | Agreement and required creditor consent | Validity of the duty transfer |
Who applies
The successor, original participant or another interested person may apply if the transfer is proven. The application goes to the commercial court handling the bankruptcy and identifies the case, original party, ground and scope of substitution.
Copies are served under the court’s rules. Where a creditor has died, first identify the heirs and evidence; see the separate guide on a creditor’s death during individual bankruptcy.
Supporting documents
- The order establishing the original claim.
- The contract or other transfer instrument.
- Signatory-authority records.
- A corporate-register extract for reorganisation.
- Inheritance records following death.
- Debtor-notice evidence where relevant.
- A calculation of the unpaid balance.
- Evidence of service on participants.
Effect on the register
After the order takes effect, the creditor details are changed in the claims register. The new creditor receives rights only within the judicially confirmed scope. Succession does not reopen the original deadline for lodging a claim in the register or erase the predecessor’s procedural acts.
The successor accepts the case as it stands. Earlier evidence, orders, voting and distributions remain. Future notices, meetings and payments should reflect the substitution after it is formalised.
Objections
The debtor, practitioner and other participants may dispute the fact or scope of transfer, including an uncertain assignment, missing authority, partial discharge or a statutory restriction. Substitution normally does not permit a second merits review of a finally established debt without a separate procedural ground.
Assignment and asset sale
An assignment is not a purchase of estate property at auction. It changes the creditor under an obligation, not the owner of an estate asset. The contract, transfer date and accompanying security rights require separate review.
Questions
Is sending the agreement to the practitioner enough?
Usually not where the claim was judicially established and entered in the register. Procedural substitution requires a court order.
Must the successor prove the entire debt again?
The successor proves the transfer and its scope. The established claim is not retried without a separate ground.
Can substitution cover only part of a claim?
Yes, if the divisible part is defined and the transfer is proven. The order should state the precise scope.
Can the order be appealed?
An order granting or refusing substitution is appealable under the Commercial Procedure Code.
Official sources
- Article 48 of the Commercial Procedure Code;
- Article 16 of Federal Law No. 127-FZ;
- Supreme Court Plenum Resolution No. 54.
Need to substitute a creditor?
We can review the transfer basis, claim scope and court filing set without promising automatic substitution.
Initial consultation