BANKRUPTCY DEFENCE
Check calculations, payments and evidence before admission. The objection period depends on the procedure and is not the same as the creditor’s claim-filing deadline.
Legal provisions checked on 6 September 2026.
An Objection Must Identify a Specific Error in the Claim
| Argument | Check | Evidence |
|---|---|---|
| Debt paid | Every payment | Statements and references |
| Amount inflated | Formula and period | Counter-calculation |
| Transaction unreal | Transfer of money/goods | Source records |
| Limitation period | Chronology and interruption | Contract and demands |
| Wrong priority | Nature of obligation | Legal basis |
Obtain all attachments
Do not object from a short docket summary alone.
Build a discrepancy table
Link every disputed amount to evidence.
File electronically on time
Retain filing and service receipts.
Who May Object?
The debtor, financial manager and other persons identified in Article 16(10) of the Bankruptcy Law may challenge a claim’s composition, amount and priority. A creditor need not always wait for its own admission: participation rights also follow filing a claim through the prescribed procedure. A person objectively unable to lodge a claim yet must substantiate the likelihood of a future claim.
Silence does not automatically establish the debt. The court checks whether it is justified, but cannot be expected to guess unknown payments or find every document for a participant. Present material discrepancies in writing and on time.
Identifying the Deadline
During debt restructuring, Article 71 applies with Article 213.8(2). Paragraph 24 of Supreme Court Plenum Resolution No. 40 of 17 December 2024 explains that consideration follows two months from publication of the restructuring notice plus thirty calendar days after the claim-filing period ends. Objections must reach the court before the relevant period expires. For a claim lodged after that two-month period, the objection period is thirty calendar days from the order accepting the claim for consideration.
During asset realization, Article 100 applies: the thirty-day period is linked to presentation of the particular claim, not publication of the procedure’s opening. Objections must reach the court directly before expiry. Check the docket, application, acceptance order and court directions; do not arbitrarily count thirty days from receiving the manager’s letter.
What to Challenge
Separate principal, interest, penalties and other components. For each disputed item, identify the creditor’s position, error, counter-calculation and supporting record. Payments require dates, amounts, recipients and references; a loan requires evidence of disbursement; supply claims require evidence of actual performance. Assignment calls for a transfer chain, not merely a new claimant name.
Do not confuse the limitation period with the register-filing deadline. Articles 71 and 100 expressly allow persons entitled to object to raise a limitation defence. Calculate it for the specific obligation and legally significant events rather than merely asserting that the debt is over three years old.
Example: Two Payments Were Omitted
The creditor claims RUB 420,000 in principal. Statements show two RUB 30,000 payments absent from its calculation. If they relate to this obligation and discharge principal, the disputed difference is RUB 60,000 and the balance is RUB 360,000. Identify both transactions and the relevant portion in the objection. Interest and penalties require separate checks; the example does not replace a calculation under the contract.
What If the Creditor Already Has a Judgment?
A final judgment limits reconsideration of issues already resolved. However, paragraph 28 of Plenum Resolution No. 40 permits assessment of material arguments that no debt exists where the other court did not establish or examine the relevant circumstances, for example following the debtor’s admission of the claim. This is not permission automatically to retry any judgment in bankruptcy.
Later payment and transfer of rights require separate checks. If the underlying judgment itself must be challenged, identify the proper procedure, including Article 16(12). Explain exactly which circumstances were not previously examined and the evidence supporting them.
Filing and Following the Outcome
Paragraph 25 of Plenum Resolution No. 40 requires electronic objections under the rules applicable to creditor claims. Identify the court, case, parties, particular claim, arguments, calculation and requested refusal in full or in the disputed portion, or appropriate priority. Attach records and evidence of required service. A letter only to the manager does not replace receipt of objections by the court. An objective inability to file electronically must be substantiated under paragraph 19 of Plenum No. 40; convenience alone is not a reason to choose paper.
Retain submission confirmation and check that documents were added to the case. Reasoned objections call for a hearing under the statutory rules; the court may also schedule one on its own initiative. However, document-only consideration, even where objections were received, is not by itself a sufficient independent ground to reverse the order. Monitor judicial acts rather than waiting only for a hearing invitation.
If the claim has already been admitted, assess appeal or special exclusion based on circumstances discovered later. That is a different stage of protection; a separate guide is linked below.
Objection Ready
Exclusion after admission · How claims are filed
Frequently Asked Questions
Is saying “I disagree with the debt” enough?
No. Identify the error, disputed amount and evidence. General disagreement is not a reasoned objection.
Can I send objections only to the manager?
No. They must reach the court directly on time. Serving required copies on participants is a separate step.
Is limitation the same as the register-filing deadline?
No. They have different starting rules and consequences and require separate assessment.
Legal Sources
Article 71 (Russian) · Article 100 (Russian) · Article 16 (Russian) · Supreme Court Plenum No. 40, paragraphs 19–30 (Russian)
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