Russian personal bankruptcy generally does not discharge a controlling person’s secondary liability for company debts. Article 213.28(6) expressly preserves claims under Chapter III.2 of Insolvding application, ordinary suretyship and director-loss claims under Civil Code Articles 53 and 53.1.
Stages to separate
| Situation | Key question | Record |
|---|---|---|
| Controller application pending | May the dispute continue and how is a potential claim treated | Application and procedural order |
| Grounds established, amount pending | Who controls the claim and how is the amount fixed | Liability-ground order |
| Amount awarded | How is it filed in personal bankruptcy | Award and creditor register |
| Claim assigned or sold | Who is now the creditor | Assignment, auction record and substitution order |
| Director loss claim | Does a separate statutory exception apply | Judgment and fault findings |
| Personal suretyship | Separate obligation, not automatically Chapter III.2 liability | Surety agreement and demand |
Two-case check
Mark the documents already matched.
Practical sequence
Identify the basis
Locate the conduct and statutory provision relied upon.
Separate stages
Distinguish grounds, amount determination and collection.
Verify the claimant
Identify the present claim holder after assignment or auction.
File the records
Ensure the claim and status are addressed in the personal case.
Keep debts separate
Analyse suretyship, loss, tax and secondary liability independently.
Read completion
Compare the operative part with Article 213.28(6).
Frequently asked questions
Does an earlier personal discharge eliminate a later claim?
Not automatically. The special claim survives; its procedural enforcement depends on stage and court orders.
Can an unquantified claim be filed?
Treatment depends on the liability stage and both proceedings; an assumed figure cannot replace a court determination.
Is a director’s surety also non-dischargeable?
Suretyship has a different legal basis and is not Chapter III.2 liability merely because the surety was a director.
Does resignation before company bankruptcy decide control?
No. Control concerns the legally relevant period and actual circumstances.
Can the result be guaranteed?
No. Courts assess control, breach, causation, presumptions and rebuttal evidence.
Primary sources
- Insolvency Law, Article 213.28
- Insolvency Law, Chapter III.2
- Supreme Court Plenum Resolution No. 53 of 21 December 2017
- Supreme Court personal-bankruptcy review
Related guidance
Controller liability grounds · Refusal of discharge · Work and directorship
Need to match the company and personal cases?
Review the basis, stage, amount and court orders without outcome promises.
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