Lawyer Pavel PetrovLawyer Pavel Petrov

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Resuming a Russian Personal Bankruptcy Case After Completion

A completed Russian personal bankruptcy case may be reopened only on specific grounds, principally newly discovered concealed property or its unlawful transfer where the asset may satisfy creditor claims. Article 213.29 of Federal Law No. 127-FZ identifies the applicants, one-month period and consequences. Disagreement with the outcome or a newly incurred debt is not enough.

Ground

Property or an unlawful transfer is discovered after completion.

Time limit

The applicant has one month from discovering the circumstances.

Effect

The completion order is set aside and asset realisation resumes.

When Article 213.29 Applies

The applicant must show that the relevant circumstances were not and could not reasonably have been known when restructuring or asset realisation ended. The asset must matter to creditor recoveries. An old known fact, a dispute with no estate value or a new interpretation of evidence already examined will not normally satisfy this special mechanism.

Reopening is not a new bankruptcy filing. It continues the former case after the completion order is set aside and restores creditor positions as prescribed by law.

Who May Apply

An insolvency creditor, authorised public authority or the financial practitioner may apply. A register publication alone does not replace a court application and proof. The application should identify the former case, discovery date and source, the property or transfer, estimated value and the potential benefit to creditors.

Practical Steps

  1. Obtain the completion order and estate records.
  2. Record the date and source of the new information.
  3. Verify ownership through registers, contracts, banking material or court records.
  4. Explain why the information could not reasonably have been obtained earlier.
  5. Calculate the one-month period and file with the court handling the bankruptcy.
  6. Serve participants and monitor the docket.

Consequences of Reopening

The order setting aside completion and reopening the case is immediately enforceable and appealable. Asset realisation is introduced. Unpaid claims of prior participating creditors and the authorised authority are restored to the register; other creditors may file under the statutory procedure. Claims are measured as of the reopening date.

Key Evidence

  • property, vehicle, company and court-register extracts;
  • transfer documents, payments and evidence of effective control;
  • the dated response or record revealing the asset;
  • proof explaining earlier unavailability;
  • a valuation or reliable value indicator;
  • unpaid claims and expected procedure costs.
IssueRuleEvidence
DiscoveryProperty or an unlawful transferOwnership, transfer, value and availability
TimingAfter completionDated document, response or court act
Earlier knowledgeThe fact could not reasonably have been knownPrior searches and objective barriers
ApplicantCreditor, authority or practitionerStanding and authority
DeadlineOne month from discoveryChronology and filing date

Frequently Asked Questions

Can every newly found asset reopen the case?

No. The statutory circumstances, earlier unavailability and relevance to creditor payment must be proved.

When does the month begin?

When the applicant discovers the relevant circumstances; that date should be documented.

Are creditor claims restored?

Prior participants’ unpaid claims are restored and other creditors may file under the statutory procedure.

Does a new procedure start immediately?

The court reopens the former case and introduces asset realisation after setting aside completion.

Can the order be appealed?

Yes. It is immediately enforceable and appealable.

Official Sources

Related guides: termination of proceedings, asset realisation and transaction avoidance.

Need to Assess Reopening Grounds?

An initial consultation can review the order, new information, deadline and evidence without promising an outcome.

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This material is general information. Procedural prospects depend on the orders, dates and evidence in the particular case.