A claim is current not merely because it is paid during bankruptcy, but because the monetary obligation arose after the court accepted the bankruptcy petition. It is not entered in the creditor register. Current claims are paid ahead of registered debts, subject to available assets and the statutory priority among current creditors.
Timing controls
The legally relevant date is when the obligation arose, not when an invoice, demand or judgment appeared.
Outside the register
A current creditor does not use the ordinary registered-claim admission procedure.
Balance survives
An unpaid current claim remains enforceable after the personal bankruptcy case ends.
How to Classify a Current Claim
Article 5 of Federal Law No. 127-FZ uses the date on which the monetary obligation arose. A later due date, invoice, demand or judgment does not by itself convert a pre-petition debt into a current claim. Recurring obligations such as rent, utilities, taxes or remuneration should be divided by period and legal basis.
Four Priorities in Personal Bankruptcy
- First: current maintenance, court expenses, the financial manager’s remuneration and necessary engaged professionals.
- Second: severance and employee pay.
- Third: housing, utilities and capital-repair contributions.
- Fourth: all other current claims.
Claims within the same class follow calendar priority. Classification therefore requires both the nature of the obligation and reliable dates.
Practical Recovery Steps
- Obtain the order accepting the petition and identify the control date.
- Determine the legal basis and period of the obligation.
- Split current and registered portions where several periods are involved.
- Send the financial manager a calculation and supporting documents.
- If disputed, select the correct judicial remedy; current claims are generally established outside the register process.
- Where the manager’s conduct infringes rights, seek review by the bankruptcy court.
Evidence to Prepare
- the contract and performance records;
- a period-by-period calculation;
- court and enforcement documents, if any;
- proof that the demand was sent to the manager;
- the proposed class and calendar date;
- records of partial payments.
After Completion
Article 213.28(5) expressly preserves unpaid current claims after personal bankruptcy ends. The remaining balance may be pursued under ordinary law. This differs from many registered debts covered by the debtor’s discharge.
| Issue | Current claim | Registered claim |
|---|---|---|
| When it arose | After court acceptance of the petition | Before court acceptance |
| How recorded | Outside the creditor register | Established and entered in the register |
| Payment | Ahead of registered claims, with four internal classes | According to register priorities |
| Voting | Does not automatically confer registered voting rights | Procedural rights depend on allowance |
| After completion | Unpaid balance survives | Usually discharged, subject to statutory exceptions |
Frequently Asked Questions
Are utilities during bankruptcy current claims?
Charges for periods after acceptance are generally current and fall in the third class. Earlier periods require separate treatment.
Must a current claim be entered in the register?
No. Article 5 expressly excludes current claims from the register.
Can a current creditor sue?
Yes, but the procedure depends on the claim and any enforcement title. Conduct of the financial manager may be reviewed in the bankruptcy case.
Does the contract date always control?
No. The court identifies when the specific monetary obligation arose; recurring obligations are divided by period.
Are current claims discharged?
No. Article 213.28(5) preserves the unpaid balance.
Official Sources
- Article 5 of Federal Law No. 127-FZ.
- Article 213.27.
- Article 213.28.
- Higher Commercial Court Plenum Resolution No. 63.
Related guides: filing a registered claim, debts that survive bankruptcy, and maintenance in bankruptcy.
Need to Classify a Claim?
An initial consultation can separate current and registered portions, identify priority and select the appropriate remedy.
BOOK AN INITIAL CONSULTATIONThis material is general information. Classification depends on the date and legal basis of the obligation, the evidence and the stage of the particular case.
Current Maintenance Has First Priority but Still Needs an Exact Calculation
| Check | Determine | Evidence |
|---|---|---|
| Cut-off date | Petition acceptance | Court order |
| Maintenance month | Obligation period | Calculation |
| Payment | Amount and purpose | Bank statement |
| Earlier arrears | Registered component | Separate calculation |
| Post-case balance | Unpaid amount | Final order |
Use an accrual calendar
State month, due date and payment for every line.
Provide the enforcement title
The manager should not infer the legal basis.
Review available estate funds
Priority sets order, not availability.
Unilateral Child Expenses Do Not Automatically Replace Maintenance
Clothing, travel or equipment may benefit the child, but without recipient agreement or a proper order they do not necessarily reduce monetary arrears. Bankruptcy needs a traceable chain: legal basis, accrual, identified payment and balance. Current maintenance remains outside the ordinary registry, and any unpaid amount survives completion under Article 213.28 of Federal Law No. 127-FZ.