A receivable owned by a bankrupt Russian company may be sold as an estate asset in liquidation proceedings. Article 140 of Federal Law No. 127-FZ requires creditor approval and generally applies the statutory asset-sale procedure. This is a sale of the bankrupt company’s claim against a third-party debtor, not a substitution of a creditor claiming against the bankrupt company.
An estate asset is sold
The lot is the bankrupt company’s right to receive money or other performance from its counterparty.
A formal process applies
The sale terms are approved, notices are published and an auction is normally held unless a special rule applies.
Transfer follows payment
The agreement must require full payment before the receivable passes to the buyer.
Quick self-check before you act
- An estate asset is sold: The lot is the bankrupt company’s right to receive money or other performance from its counterparty.
- A formal process applies: The sale terms are approved, notices are published and an auction is normally held unless a special rule applies.
- Transfer follows payment: The agreement must require full payment before the receivable passes to the buyer.
What Is Being Sold
A receivable is an asset of the bankruptcy estate. The buyer receives the claim in the scope and on the terms held by the bankrupt company, together with related security and subject to existing defences. An accounting entry alone does not prove that a debt is undisputed or recoverable. The underlying contract, performance, limitation period, judgments and debtor solvency must be reviewed.
Approval and Sale Terms
Article 140 links the sale to consent of the creditor meeting or committee unless a special rule provides otherwise. Article 139 governs the sale procedure. The proposal identifies the receivable, reserve price, auction format, deadlines and platform. Disputes over the terms may be referred to the commercial court under Article 139.
Agreement and Transfer
The sale agreement must require payment within no more than thirty business days and provide that the receivable transfers only after full payment. Winning the auction, signing the protocol and signing the agreement therefore do not necessarily mean that the bidder has already become the creditor. Payment and any transfer instrument must be checked.
- match the federal register notice to the auction listing;
- review the sale terms and draft agreement;
- verify the legal basis, amount and maturity of the claim;
- assess defences and the third-party debtor’s solvency;
- pay within the contractual period;
- obtain the original or valid electronic evidence;
- notify the third-party debtor of the transfer.
Buyer Due Diligence
The core file includes the contract and schedules, acceptance documents, invoices, correspondence, acknowledgements, judgments, enforcement records, partial payments, security and limitation analysis. A disputed, conditional, future, secured or personal claim requires specific risk pricing and legal review.
After Completion
The buyer may demand performance and, where necessary, litigate or seek procedural substitution in enforcement. The third-party debtor may rely on defences available against the original creditor. Buying the claim does not guarantee recovery of its nominal amount.
| Stage | Core record | Due diligence point |
|---|---|---|
| Inventory | Underlying debt documents | Amount, maturity, security and defences |
| Approval | Creditor resolution and sale proposal | Lot, price, auction and deadlines |
| Auction | Federal register notice and platform listing | Admission, deposit and draft agreement |
| Payment | Sale agreement and payment record | Maximum 30 business days |
| Transfer | Agreement condition and file handover | Full payment and debtor notice |
Frequently Asked Questions
May a disputed claim be sold?
Yes if it is transferable, but the buyer takes litigation, defence and recovery risks.
Is the third-party debtor’s consent required?
As a general rule, consent is not required for a monetary assignment unless a lawful restriction applies; the debtor should receive proper notice.
Does the claim pass at the auction?
Not necessarily. Article 140 requires transfer only after full payment, subject to the statutory and contractual terms.
Is the face value the auction price?
No. Price reflects evidence, time and probability of recovery, security and debtor solvency.
Can the sale terms be challenged?
The commercial court resolves statutory disputes and violations; the remedy depends on the stage and issue.
Official Sources
- Article 140 of Federal Law No. 127-FZ.
- Article 139.
- Articles 382–386 of the Russian Civil Code.
- Russian Supreme Court archive: Presidium ruling No. 14548/11.
- Federal Bankruptcy Register.
Related guides: personal debtor receivables, the creditor register and challenging insolvency auctions.
Need to Review a Receivable or Auction File?
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BOOK AN INITIAL CONSULTATIONThis material is general information as at August 2026. Transferability, price and recovery depend on the evidence, obligation terms and court orders.