CONTROLLING PERSON · LIABILITY · PERSONAL BANKRUPTCY
A controlling-person claim under Chapter III.2 of the Bankruptcy Law survives personal bankruptcy to the extent unpaid. Discharge of other debts is not reversal of a subsidiary-liability judgment.
Legal provisions checked on 6 September 2026.
What to check in the claim
| Question | Determine | Why |
|---|---|---|
| Legal basis | Chapter III.2 or another loss claim | Applicable exception |
| Amount | Fixed or still assessed | Claim scope |
| Creditor | Creditor shown by the judgment and transfer records | Payee identity |
| Assignment | Whether claim was sold | New owner |
| Personal case | Whether claim was filed | Distribution route |
Read the operative judgment
The claim label does not replace legal classification.
Coordinate two cases
Compare the liability dispute with the personal bankruptcy case. They address different issues and have different procedural deadlines.
Check the unpaid balance
Completion does not automatically terminate an excluded liability.
Why completion does not discharge this debt
Article 213.28(6) expressly applies surviving-claim rules to controlling-person subsidiary liability under Chapter III.2. The unpaid balance remains. The creditor’s failure to file the claim in the personal procedure does not itself make it discharged.
Other similarly named claims require classification first. For example, losses caused to a legal entity by a member or member of its collegiate bodies have a separate statutory exception involving intent or gross negligence. Do not extend a conclusion about one legal ground to every guarantee or corporate dispute.
If liability is still being litigated
Obtain the liability application, supporting documents and all court orders. Distinguish grounds from amount: a decision may not yet determine the final sum. Submit objections, evidence and appeals through the prescribed procedure for that dispute. Starting personal bankruptcy is not a substitute for defending it.
Retain evidence of powers and actual role, disputed conduct, accounting records and their handover, payments and recoveries already received by creditors. The appropriate evidence depends on the asserted ground; a generic checklist does not prove absence of liability.
If an amount has already been awarded
Reconcile effective judgments, the creditor’s identity, transfer documents and amounts recovered on the same claim. Disclose the information in personal bankruptcy and verify the balance after distributions. Do not assume that sale of the claim to a new creditor itself changes its legal nature.
Illustrative unpaid balance
Assume a RUB 5 million subsidiary-liability award and RUB 500,000 paid against that same claim. The balance is RUB 4.5 million, not zero merely because personal bankruptcy ends. This example excludes additional accruals or disputes about crediting particular payments; reconcile the actual records.
Claim Map
Director after bankruptcy · Founder share
FAQ
If loans were discharged, did subsidiary liability disappear too?
No. Discharge of loan obligations does not remove the specific Chapter III.2 exception.
Can the amount be contested after personal bankruptcy begins?
Check objection and appeal rights in the relevant dispute and within its deadlines. Personal bankruptcy does not create a new appeal period for an old judgment.
Why verify the creditor?
The claim may have been transferred. Transfer and procedural-succession records help identify the person entitled to performance and prevent duplicate accounting.
Legal source
Bankruptcy Law Article 213.28(5)–(6) addresses claims surviving completion.
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