Russian personal bankruptcy generally does not discharge a controlling person’s secondary liability for company debts. Article 213.28(6) of Insolvency Law No. 127-FZ generally preserves the claim after asset realisation. However, paragraph 58 of the Supreme Court’s Review of Personal Bankruptcy Cases, approved by its Presidium on 18 June 2025, permits discharge where the debtor acted without intent or gross negligence when causing harm and behaved in good faith during bankruptcy. The court must assess these conditions separately.
Two separate cases
The company’s bankruptcy and the controller’s personal bankruptcy have different case numbers and purposes.
Rule and exception
The claim generally survives. Discharge under paragraph 58 requires a court assessment of culpability and the debtor’s conduct.
The stage matters
Check the basis, amount, procedural status and treatment of the claim in both cases.
Can secondary liability be discharged?
A general personal discharge does not automatically eliminate a controlling person’s secondary liability. Insolvency Law preserves Chapter III.2 claims. Nevertheless, paragraph 58 of the Supreme Court Review permits discharge of Article 213.28(6) obligations where there was no intent or gross negligence when harm was caused and the debtor behaved in good faith during bankruptcy. A liability finding does not replace assessment of these conditions, and discharge does not overturn the original liability order. Distinguish an established claim from a pending application, ordinary suretyship and director-loss claims under Civil Code Articles 53–53.1.
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) and paragraph 58 of the Supreme Court Review; check whether discharge of this specific claim was addressed.
Reconcile the outstanding claim and discharge decision
Distinguish three outcomes: liability being established, partial repayment and discharge of an unpaid obligation. Each requires its own evidence. Selling the claim changes the creditor but does not by itself change the debt’s nature.
| Issue | Compare | Practical action |
|---|---|---|
| Which obligation was established? | Legal basis and operative part of the effective order | Separate Chapter III.2 liability, damages and a personal guarantee |
| How much was paid? | Payments, distributions and creditor records for that same claim | Reconcile the balance without double counting |
| Who owns the claim? | Assignment, auction and procedural succession records | Obtain confirmation from the current creditor |
| What did the completion court decide? | Final order and subsequent decisions | Check whether it addressed this particular obligation and paragraph 58 of the Supreme Court Review |
Hypothetical outstanding-balance example
If the award is 5,000,000 ₽ and documented payments against that same claim total 500,000 ₽, the arithmetic balance is 4,500,000 ₽. Where the claim survives, completion of personal bankruptcy does not by itself reduce the balance to zero. Discharge is a separate legal question for the court.
This example excludes additional accruals and disputes over allocation. Do not deduct a payment twice or treat a payment against another obligation as repayment of this claim.
For a paragraph 58 submission, gather evidence of the actual role, powers, disputed conduct, transfer of company records and disclosure during personal bankruptcy. The file depends on the liability ground; a generic list does not prove the required degree of fault or procedural good faith.
Added guidance checked on 23 October 2026 against Article 213.28 and paragraph 58 of the Supreme Court Review of 18 June 2025, amended on 29 April 2026. The example is hypothetical.
Frequently asked questions
Does an earlier personal discharge eliminate a later claim?
Not automatically. The claim generally survives. Discharge under paragraph 58 depends on the court’s assessment of intent or gross negligence, good faith during bankruptcy and the terms of the relevant 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
Legal sources checked on 7 October 2026.
- Insolvency Law, Article 213.28
- Insolvency Law, Chapter III.2
- Supreme Court Plenum Resolution No. 53 of 21 December 2017
- Supreme Court Review of 18 June 2025, paragraph 58 (updated 29 April 2026)
Related guidance
Controller liability grounds · Refusal of discharge · Work and directorship
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