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Limitation Periods in Corporate Bankruptcy: Checking a Claim

Corporate bankruptcy · Creditor’s checklist

Corporate bankruptcy involves two separate deadlines: the limitation period for the debt and the deadline for presenting a registered claim. Meeting one does not automatically cure missing the other. Start with the obligation’s history, not the bankruptcy date.

Legal sources reviewed: 3 October 2026 · Pavel Petrov

Underlying debt

Establish when the creditor became entitled to demand performance.

Event history

Check payments, acknowledgment and earlier litigation.

Procedural deadline

Separately check claim presentation and the deadline for objections.

The limitation period for an ordinary contractual debt

Article 196 of the Civil Code sets a general three-year period, with commencement governed by Article 200; particular claims may have special periods. Where a payment date is agreed, the relevant starting event is expiration of the performance deadline. Obligations payable on demand follow different rules.

Do not count three years mechanically from the contract, invoice or bankruptcy announcement. One contract can contain several deliveries with different payment dates. Assess the disputed obligations separately and identify which part of the claim is affected by the proposed limitation defense.

Events affecting the calculation

Article 203 provides for interruption through conduct acknowledging the debt; the period then starts again. But a letter or payment cannot automatically be treated as acknowledgment of every disputed amount. Examine its contents, signatory authority, payment reference and date.

If litigation, a court order or a judgment already exists, separately analyze the effects of judicial protection. Limitation for the debt, the deadline for presenting an enforcement document and review of a judgment are distinct issues. A simple “date plus three years” calculation cannot replace that analysis.

Hypothetical example. A contract covers three independent batches with different payment dates, while the creditor claims a total sum. Create three rows showing each deadline, subsequent relevant events and the claim-presentation date. A limitation defense for one batch may not apply to the others. This illustrates an analytical method, not reported court practice.

Documents to collect

DocumentPurposeRecord
Contract and attachmentsEstablish performance deadlinesDeferral, stages and demand conditions
Delivery and acceptance recordsCheck creditor performanceActual dates and separate batches
Payment recordsReconcile payment and possible acknowledgmentSum, reference and relevant obligation
Correspondence and reconciliationAssess acknowledgmentSignatory, authority and exact wording
Earlier litigation recordsAccount for judicial protectionFiling dates, outcomes and finality
Bankruptcy claimCompare claimed amountsPresentation date and calculation

Raising a limitation defense

Article 199 requires a proper application before the decision; the court should not automatically reject a claim simply because the debt is old. Bankruptcy standing to object is governed by special rules in Articles 16, 71 and 100 of Federal Law No. 127-FZ.

Identify the particular claim, the calculated start and end dates, reviewed events and requested outcome. Attach a chronology and evidence. Saying that a contract is old does not replace a calculation and a procedural application.

Three review stages

1

Separate obligations

Match each payment to the contract, performance and payment deadline.

2

Review events

Assess acknowledgment, judicial protection and relevant special rules.

3

Choose the filing

Check standing and the deadline for raising the issue in the relevant separate dispute.

If registering your own claim, check limitation before filing while also monitoring the register deadline. If challenging another claim, do not wait until the bankruptcy ends: establish the consideration date and submit supported objections in time.

Frequently asked questions

Does bankruptcy automatically give a creditor another three years?

That conclusion requires analysis. Consider the original obligation, relevant events and judicial-protection rules.

Are limitation and register closure the same deadline?

No. The former concerns protection of the debt right; the latter concerns presentation within the procedure. Check both separately.

Does any reconciliation statement interrupt limitation?

Not automatically. Its contents, the signatory’s authority, the specific debt and timing matter.

Can limitation be raised against a debt already confirmed by judgment?

Do not treat this as a simple new dispute over the original debt. First establish the judgment’s effect and the available procedural mechanism.

Related guides

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Legal sources

The guide concerns Russian corporate bankruptcy. Future statutory amendments are not applied before their effective date.