CREDITOR REGISTER
An assignment supports transfer of the right; the court formalizes procedural substitution. Check the document chain, outstanding balance and scope transferred.
Legal provisions checked on 6 September 2026.
Assignment Does Not Create a New Claim; It Changes the Holder
| Basis | Records | Special check |
|---|---|---|
| Assignment | Agreement and transfer | Restrictions and notice |
| Reorganization | Corporate register and transfer acts | Scope |
| Inheritance | Certificate/court act | Accepted estate |
| Guarantor payment | Payment and transferred rights | Actual amount |
| Subrogation | Insurance records | Legal basis |
Verify the chain
Every transfer from the admitted creditor needs proof.
Reconcile scope
The successor cannot receive more than was transferred.
Obtain an order
The register is corrected after judicial succession.
What the Court Decides
Article 48 of the Commercial Procedure Code permits substitution at any stage. The court records substitution or refusal in a judicial act, which may be appealed. Earlier procedural acts bind the successor as they bound the previous participant. Buying a claim does not restart examination of the debt.
For an admitted claim, compare the substitution request with the admission order and register entry. If the claim is still being considered, the transfer must also be formalized in that dispute. Succession and initial determination of the amount are different issues.
Evidence of Transfer
An assignment requires the agreement and schedules identifying the debtor, obligation and transferred scope. For successive assignments, establish an unbroken chain from the previous creditor. Check the contractual transfer date separately: where transfer depends on payment of the price or another event, evidence that event.
Reorganization, inheritance, guarantor payment and insurance subrogation involve different grounds and records. New payment details alone do not establish them. Identify the case, former and new creditor, original order and exact portion to be substituted.
Purchase Price Is Not the Debt Amount
Under Civil Code Article 384, rights transfer in their existing scope and on existing terms unless law or contract provides otherwise. A monetary claim can be transferred in part. A discounted purchase does not itself reduce the citizen’s obligation to the buyer’s purchase price.
Account for payments and distributions already made. The same portion must not be counted twice for different holders. Compare principal, interest, penalties and security separately: changing the creditor’s name does not create grounds to increase the amount or improve priority.
Example: A Guarantor Pays Part of the Debt
The admitted claim is RUB 600,000. A guarantor pays the creditor RUB 200,000. Under Article 365, rights pass to the extent the claim was satisfied; this does not automatically justify substituting the guarantor for the entire RUB 600,000. In the absence of other payments or circumstances, distinguish the transferred RUB 200,000 from the RUB 400,000 remaining with the original creditor.
What the Debtor and Manager Should Check
Compare the agreement, transferred-claim schedule, dates and evidence of performance. If the loan number differs, a link is missing or a payment was ignored, make a specific documented objection. Dislike of the new creditor is not a substitute for a legal ground.
Do not use substitution to relitigate resolved issues without a proper procedural basis. Disagreements over the transfer, scope or validity of documents require judicial determination, not simply changing bank details in a letter.
After the Substitution Order
Check that the register matches the operative wording: creditor, amount, composition and portion transferred. Do not rely solely on the contract for participation in a creditors’ meeting; formalize procedural status in advance and provide the manager with the documents. A partial transfer particularly requires controls against double counting of votes and payments. The steps depend on the case stage and court order.
Successor File
Original admission · Claim exclusion
Frequently Asked Questions
Does a discounted debt sale reduce what I owe?
Not by itself. The price between creditors and the debtor’s obligation are different amounts. Check the transferred scope and actual repayments.
Can substitution cover only part of a claim?
Yes. A monetary claim can pass in part unless the law provides otherwise. The order and register must clearly distinguish the portions.
Is sending the assignment to the manager enough?
Procedural substitution requires a judicial act under Article 48. Giving the manager a contract does not replace applying to the court.
Legal Sources
Commercial Procedure Code, Article 48 (Russian) · Civil Code, Article 384: scope of rights (Russian) · Civil Code, Article 365: guarantor payment (Russian)
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