When an amendment is the relevant route
This guide concerns a creditor claim that remains under consideration. Article 49 of the Commercial Procedure Code allows amendment of the relief or grounds and an increase or reduction in amount before the first-instance final ruling. Article 223 preserves special bankruptcy rules. Claim-filing deadlines and the treatment of a new obligation therefore require separate review.
Once a claim has been established, sending a new spreadsheet does not itself alter the register. Identify the correct procedural remedy first. Initial filing is covered in the corporate register-admission guide.
A revised amount or a new debt?
Supreme Court Plenum No. 46, paragraphs 26–28, distinguishes increasing the same claim from adding further claims. A separate obligation does not become timely merely because the document is headed “amendment”.
| Change | Explain | Attach |
|---|---|---|
| Partial repayment | Date, purpose and affected component | Payment evidence and revised balance |
| Arithmetic error | Original inputs and corrected total | Comparison table |
| Further interest period | Same claim and permissible accrual period? | Formula and legal basis |
| Another agreement or additional claim | Basis for joint consideration and special deadlines | Complete evidence for the additional obligation |
Do not automatically accrue ordinary interest up to today: bankruptcy may prescribe a special fixing date and accrual regime. An ordinary litigation amount and the registered amount can differ.
Prepare a clear application
- Identify the court, bankruptcy case, debtor and creditor, original application and current stage.
- Show the previous request, revised request and reason for the difference. Avoid several inconsistent calculations.
- Separate principal, interest, penalties and repayments. Identify new evidence.
- Explain admissibility and its relationship to the claim-filing deadline.
- Review the court fee: a changed amount or an additional part not covered by a final judgment may affect an exemption or additional payment.
- Serve the required participants, retain evidence and file within the existing case.
📄 Working outline of the requested order
“Please accept the amendment to my application of [date] and establish a claim of [total], comprising [components]. The change results from [specific reason]. The current calculation is attached.” A change of relief or grounds needs different wording. This is an outline, not a universal application.
Check the arithmetic and court response
Hypothetical example: principal of RUB 900,000 was claimed, and RUB 150,000 was subsequently paid against that principal. With no other changes, 900,000 − 150,000 = RUB 750,000 remains. Explain the payment, its purpose and resulting balance; preserve the original records.
Retain both calculation versions. After filing, check receipt and the court’s treatment of the amendment. An upload receipt establishes submission, not acceptance of the amount or register admission. If correction is ordered, address the specified defects.
Frequently asked questions
Can the amount change after register closure?
Distinguish amendment of a timely original claim from an additional debt. The original filing date does not automatically cover every addition.
Are reduction and partial withdrawal identical?
Assess the substance and wording. Plenum No. 46 requires attention to the applicant’s wording and awareness of consequences. Do not casually label repayment accounting as a withdrawal.
Is a spreadsheet sent to the practitioner enough?
Amending a claim pending before the court requires the appropriate court application. Correspondence does not replace a judicial determination.
Sources and review date
Legal provisions checked on 23 October 2026. Future amendments not yet in force were not applied. Examples are hypothetical.
Bring the original application, both calculation versions, repayment records and recent court orders for a review.
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