In Russian personal bankruptcy, a debtor normally retains money for current living needs each month rather than receiving one allowance for the whole procedure. The basic protection covers the applicable subsistence minimum for the debtor and documented dependants. Income above that amount generally enters the bankruptcy estate; necessary rent, medical and legal expenses may be requested separately.
The allowance is linked to money received in the relevant month.
Family circumstances and actual maintenance require evidence.
The bankruptcy court assesses necessity and proportionality.
Short answer: what happens to an official salary?
A debtor may remain formally employed during Russian personal bankruptcy, and the procedure alone does not terminate employment. Salary must be disclosed to the financial manager. The debtor retains the applicable protected monthly amount; the balance during asset realisation generally enters the bankruptcy estate.
Practical sequence for an employed debtor
- provide the employment contract and salary-account details;
- compare current federal and regional subsistence minimums;
- document dependants and special expenses;
- agree the monthly release mechanism in writing;
- refer a disagreement to the bankruptcy court.
How much money may the debtor retain?
The bankruptcy estate normally includes property and income, including salary and pension received during the asset-realisation procedure. At the same time, the financial manager must release money protected by law. Any disagreement about the amount or payment mechanism is determined by the arbitrazh court hearing the bankruptcy case.
| Situation | Protected amount | Evidence |
|---|---|---|
| Employed debtor | Applicable minimum from monthly income | Income, accounts, residence and category |
| Pensioner | Protected amount under current Article 446 of the Civil Procedure Code | Pension, region and social category |
| Minor children | Maintenance funds based on family circumstances | Birth, residence, maintenance and the other parent’s contribution |
| No regular income | Payment from money actually received by the estate | Source and month of receipt |
| Additional necessary expenses | Amount reasonably excluded by the court | Calculation, contracts, prescriptions and receipts |
Which subsistence minimum applies in 2026?
Following Federal Law No. 67-FZ of 23 March 2026, Article 446 of the Russian Civil Procedure Code expressly uses the federal subsistence minimum for the working-age population as the baseline. If the regional minimum at the debtor’s place of residence for the relevant socio-demographic group is higher, the higher regional figure applies.
An amount copied from an old table or search result is therefore unsafe. The current figures, the debtor’s residence and the relevant category must be checked for the payment month. The calculation should be agreed with the financial manager in writing.
Children and other dependants
A reference to a child or relative is not enough: actual dependency must be documented. For a minor child, the court may consider both parents’ maintenance duties, so the entire child allowance is not automatically charged to one parent’s bankruptcy estate.
Useful evidence
- birth certificates and residence documents;
- information about the other parent’s income and contribution;
- disability, incapacity or full-time education documents;
- a maintenance agreement, judgment or other evidence of support;
- a clear monthly calculation of the requested amount.
Can the debtor retain more than the minimum?
Potentially yes, but not automatically. The court may exclude additional funds where the expense is objectively necessary, documented and proportionate to creditors’ interests. The Supreme Court treats the amount as a matter for the bankruptcy court in the individual case.
Explain why residence at the registered address is impossible, how rent relates to work or family needs, and why the price is reasonable.
Provide prescriptions, recommendations, receipts and an explanation of why an accessible free alternative is unavailable.
The court considers the need for the service and compares the fee with the ordinary cost of comparable work.
Practical sequence
- Disclose income and accounts. Notify the financial manager of salary, pension, benefits and other receipts.
- Identify the applicable minimum. Compare the current federal and regional figures under the statutory rule.
- Document dependants. Provide evidence and a maintenance calculation.
- Agree monthly release. Record the payment mechanism with the manager.
- Refer disagreements to court. File a reasoned application with evidence if the manager refuses or extra expenses are required.
Mistakes that create risk
- hiding a salary, pension or other account;
- receiving income through a relative without disclosure;
- retaining estate money without agreement;
- claiming additional expenses without a calculation and documents;
- assuming an unused allowance automatically carries forward.
Failure to disclose income or cooperate with the financial manager can create a separate dispute and may be considered when the court decides whether to grant a debt discharge.
Frequently asked questions
How much money is left for living expenses?
The debtor normally retains the applicable monthly subsistence minimum for themselves and documented dependants. The exact amount depends on current federal and regional figures, the debtor’s category, family circumstances and money received by the estate in that month.
What if salary is below the protected minimum?
Income within the protected amount should normally remain available to the debtor. The source and account must still be disclosed and the release mechanism agreed with the financial manager.
Can several months be paid at once?
There is no general right to accumulate unpaid allowances for past periods or receive future allowances in advance. Protection is linked to the current month and actual receipts.
Is there a separate amount for every child?
Dependants are considered, but the amount depends on evidence, actual maintenance and the other parent’s contribution. The court determines disputed amounts.
Can rent be paid in addition?
Yes, where the court finds the rent objectively necessary and reasonable. A tenancy agreement, proof of payment and evidence explaining why the registered residence cannot be used are required.
Official sources
- Russian Supreme Court Plenum Resolution No. 48 of 25 December 2018.
- Supreme Court Review of Personal Bankruptcy Cases of 18 June 2025, as amended on 29 April 2026.
- Federal Law No. 67-FZ of 23 March 2026 amending Article 446 of the Civil Procedure Code.
- Federal Law No. 127-FZ on Insolvency (Bankruptcy), Article 213.25.
Related materials
- Personal bankruptcy legal services in Moscow
- Payments excluded from a Russian bankruptcy estate
- How pension is treated in personal bankruptcy
- Grounds for refusing a Russian bankruptcy discharge
Calculate the protected amount before filing
At a paid initial consultation, we can review income, dependants, the applicable minimum and the expenses that require evidence.
Book a paid initial consultationEmployment Is Allowed, but the Entire Salary Is Not Automatically Retained
| Payment component | Treatment | Evidence |
|---|---|---|
| Base salary | Income of the relevant month | Payslip |
| Advance | Part of salary, not a second living amount | Date and calculation |
| Bonus | Income under its award basis | Order and policy |
| Sick pay | Special income type | Certificate and Social Fund calculation |
| Expense reimbursement | Not salary when proven | Order and expense report |
Obtain the payslip
It identifies accruals, deductions and period.
Reconcile month and credit date
Employer delay should not distort the income purpose.
Agree the release route
Bank, employer and manager should use a clear process.
The Living Minimum Is Not Recreated for Every Transfer
Articles 213.25(1) and (3) of Federal Law No. 127-FZ bring salary into the estate subject to protected-property exclusions. Article 446 of the Civil Procedure Code and Supreme Court Plenum Resolution No. 48 preserve the applicable living minimum for debtor and dependants. Where an employer pays an advance and final settlement separately, two transfers do not create two monthly minima. Conversely, delayed pay covering several months needs a breakdown so it is not treated only as one month’s income. Necessary additional expenses require a separate reasoned claim.
The Living Minimum Is Calculated by Person, Period and Applicable Category
Quick check
Verify the official figure
Check federal and regional values for the relevant period.
Prove dependency
A birth certificate may not answer every maintenance question.
Separate baseline and extra costs
Treatment, rent and care require their own justification.
Unreleased Living Funds Do Not Automatically Accumulate across Months
Article 213.25(3) of Federal Law No. 127-FZ links exclusions to property immune from enforcement under civil procedure. Article 446 of the Civil Procedure Code and Supreme Court Plenum Resolution No. 48 protect the applicable living minimum for the debtor and dependants. The Supreme Court has also explained that this is a current subsistence mechanism, not simple retrospective or prospective accumulation. An amount above the minimum may be excluded on reasoned facts, but that is a separate decision rather than an automatic supplement.