A creditor may commence Russian personal bankruptcy where the monetary claim and evidence satisfy Articles 213.5 and 213.6 of Federal Law No. 127-FZ. The court generally checks the statutory claim threshold, length of default and a final judgment. Statutory exceptions to the judgment requirement exist, but the court still reviews the debt, insolvency and any genuine outside dispute.
General threshold
The creditor generally relies on the aggregate amount of qualifying proven claims.
Default
Time runs from when the obligation was due.
Review required
Documents do not guarantee that a procedure will open.
Quick self-check
- Identify the legal nature and accrual date of the debt.
- Confirm a final judgment or a precise Article 213.5 exception.
- Separate principal from penalties and disputed amounts.
- Check entrepreneur status and any advance-notice rule.
- Prove service of the petition and attachments on the debtor.
- Confirm the deposit, SRO and current filing package.
Who May Petition
A bankruptcy creditor holding a monetary obligation or an authorised public body may petition. A person with a non-monetary, unmatured or unowned claim does not gain standing merely because the citizen has payment problems. Representation and any assignment chain also require evidence.
Threshold, Default and Judgment
As a general rule, the qualifying claims must total at least RUB 500,000 and remain unpaid for at least three months. A final judgment is normally required. Article 213.5(2) contains specific exceptions for listed claim types; they should not be expanded without legal analysis.
Genuine Dispute
If the debtor raises objections requiring determination outside bankruptcy, the court considers whether the dispute is genuine and material. Disagreement does not automatically defeat the petition, but bankruptcy should not replace ordinary litigation used to establish a contested debt for the first time. The Supreme Court’s 18 June 2025 review provides current guidance.
Petition Contents
The petition identifies the court, parties, amount and legal basis, due date, evidence, judgment or exception, insolvency facts, selected SRO and requested relief. Attachments cover the debt, default, authority, service and procedure funding.
- confirm jurisdiction;
- calculate the claim;
- prepare a default chronology;
- prove the judgment or exception;
- attach evidence and payment records;
- serve the parties;
- monitor the court order.
After Filing
The court may leave the petition without movement, return it, accept it and list a hearing. At the merits stage it reviews the debt, default, insolvency and financial-manager nomination. If another petition has already opened the case, the creditor will usually need to submit a claim in that case rather than commence a second proceeding on the same debt.
| Element | Evidence | Common error |
|---|---|---|
| Claim | Monetary nature, ownership and calculation | Mixing principal with unproven penalties |
| Default | Due date and period of non-payment | Counting from the demand letter instead of maturity |
| Judgment | Finality or precise exception | Relying on unfinished litigation |
| Debtor | Residence and entrepreneur status | Wrong jurisdiction or missed special notice |
| Funding | Deposit and required payments | Outdated bank details or amount |
Frequently Asked Questions
Can a petition be filed without a judgment?
Only in cases expressly listed in Article 213.5(2) and where no disqualifying genuine dispute exists.
May several creditors combine claims?
The procedural route depends on the facts; each participant must prove authority and claim, and the court applies the statutory aggregation rules.
Must an advance Fedresurs notice be published?
There is no general advance-notice rule for a creditor petition against an ordinary citizen; current entrepreneur status requires separate review.
Does the creditor choose a named manager?
The petition identifies an SRO, while nomination and appointment follow the statutory procedure.
What if a case is already open?
Check the case file and deadline for submitting the claim rather than opening a parallel case on the same debt.
Official Sources
- Federal Law No. 127-FZ, Articles 213.5 and 213.6.
- Federal Tax Service: citizen bankruptcy.
- Supreme Court review dated 18 June 2025, amended in 2026.
- Arbitrazh Case File.
- Bankruptcy Register.
If a case is already open, use the guide on registering a creditor claim. The citizen’s response is covered in the response guide.
Need to Review a Creditor Petition?
We can test the legal basis, calculation, judgment, exceptions, evidence and procedural route.
BOOK AN INITIAL CONSULTATIONGeneral information as at 29 August 2026. The applicable route depends on the debts, applicant status, assets, evidence and court orders; discharge is not guaranteed.