If a creditor appears to be delaying Russian bankruptcy, begin with a specific act and its consequences for the case. A lengthy procedure, several appeals or unsuccessful creditor applications do not themselves prove abuse. Build a chronology, establish when earlier action was possible and show the connection with an actual delay.
Legal provisions checked on 25 October 2026. For the debtor and other creditors. Examples are illustrative.
1 · Identify the cause
Is the obstacle creditor conduct, asset recovery or lack of movement in court?
2 · Establish the effect
Link the act to a document, date and court order, rather than an assumed motive.
3 · Select the remedy
An objection, allocation of costs and an acceleration application serve different purposes.
Duration and abuse require different assessments
Auctions, receivables recovery and separate disputes can legitimately take time. In corporate bankruptcy, separately examine stage time limits and the grounds for extending liquidation proceedings. A creditor’s participation in such disputes does not make its conduct unlawful.
Do not treat every repeated motion as abuse: Article 159(3) of the Arbitration Procedure Code permits a motion to be made again during further proceedings after refusal. Content, timing and reasons matter. Ordinary appeals and special review procedures also have their own requirements. The historical case concerning another creditor’s appeal does not replace checking the currently applicable mechanism.
A chronology that allows delay to be tested
| Issue | Evidence | What is not automatically established |
|---|---|---|
| When the creditor learned of a document or fact | Delivery or file-access records and earlier correspondence | That every application could be prepared that same day |
| The time allowed by the court | The full order and proof of receipt | That every late submission had an improper purpose |
| What was actually filed and when | The application, attachments, filing record and previous version | That similar document titles mean identical content |
| Why earlier action was impossible | The applicant’s explanation and evidence of objective obstacles | That no obstacle existed merely because the other side did not know about it |
| How the act affected progress | Adjournment order, hearing record and identified missing materials | That one creditor caused the entire bankruptcy’s duration |
Use columns for date, act, supporting document and effect. Separate periods attributable to different participants. General indications of control over a bankruptcy require separate analysis: affiliation does not replace proof of a specific procedural violation.
Objecting to an untimely motion
Article 159(5) allows the court to refuse an application or motion filed late through abuse of procedural rights and clearly intended to disrupt a hearing, delay proceedings or obstruct consideration of the case. There is an exception where objective circumstances prevented earlier filing. A request for refusal therefore needs the relevant combination of circumstances, rather than lateness alone.
📑 Written objection outline
“Case […] concerns the creditor’s motion dated […], filed on […]. Information […] had been available to the applicant since […], as evidenced by […]. The explanation for the late filing is […]; evidence contradicting it is […]. The act resulted in […] according to the order / hearing record dated […]. Please assess whether the conditions of Article 159(5) are established and, if so, refuse this particular motion. Enclosures: […].”
Identify the particular document and requested conclusion. Do not seek a general prohibition on the creditor applying to court. If time is needed to answer new material, explain that separate need and its reason.
Litigation costs where abuse is established
Under Article 111(2), the court may allocate all case litigation costs to a participant abusing procedural rights or failing procedural duties where this caused consequences listed in the provision, including delay. This is a judicial power, rather than an automatic penalty for losing a motion.
Substantiate the amount and nature of costs, their connection to the relevant dispute and the grounds for applying the provision. Do not equate litigation costs with every expense of the bankruptcy estate. Recovering litigation costs from a creditor requires separate assessment.
Illustrative calculation: documented costs comprise RUB 18,000 for preparing the position and RUB 12,000 for attendance by a representative: RUB 30,000 in total. The arithmetic establishes neither reasonableness of the whole amount, connection to the violation nor an obligation on the creditor to reimburse it.
Where the court proceedings themselves are delayed
An acceleration application under Article 6.1(6)–(7) is addressed to the chair of the arbitrazh court where, after acceptance, the case remains unexamined for a long period and proceedings are delayed. This is a distinct route, rather than a way to establish creditor fault in advance or secure a particular decision on the merits.
State the case number, acceptance date, hearings held, inactive periods and specific unresolved issues. Attach the chronology and court orders. The application is considered within five days of receipt. A reasoned order may set a hearing deadline or identify steps to accelerate consideration. This is not a promise to complete bankruptcy in five days.
⏱️ Acceleration application outline
“To the chair of the Arbitrazh Court of […]. In case […], the application was accepted on […]. The subsequent events were […]. Since [date], issue […] has remained unresolved; the progress of the case is evidenced by […]. Please consider this acceleration application under Article 6.1 and determine the necessary measures for timely consideration. Enclosures: chronology and supporting orders.”
The assessment considers complexity, participant conduct, adequacy and effectiveness of court action and overall duration. Acceleration does not dispense with mandatory asset sale, distribution or claims determination steps.
Frequently asked questions
Do several creditor appeals prove delay?
No. Examine the subject, grounds, timeliness and actual effect of each appeal. Using a remedy provided by law is not itself abuse.
Must the court refuse every late motion?
No. Article 159(5) requires its stated conditions; objective inability to file earlier matters.
Can all bankruptcy expenses be recovered from the creditor?
That does not follow from Article 111 alone. It concerns litigation costs and requires assessment of grounds, composition and amount. Estate expenses are not identical to litigation costs.
Does acceleration replace a complaint against the practitioner?
No. Identify the source of delay and the right requiring protection. A practitioner’s specific conduct and the court’s progress are assessed through different grounds.
Primary sources
- Arbitration Procedure Code, Article 159: applications and motions
- Article 111: costs arising from procedural abuse
- Article 6.1: reasonable duration and acceleration
Need to select a remedy for a specific delay?
Prepare the case number, latest order, disputed motion and chronology. A consultation can help assess the evidence and procedural route.
Initial consultation