Creditor Petition for Bankruptcy of a Russian Company

When the creditor obtains standing

For an ordinary bankruptcy creditor, standing is generally linked to an effective judgment ordering payment. Credit institutions and certain applicants expressly named by law are subject to special rules. A contract, acceptance certificate and unpaid invoice alone therefore do not necessarily mean that an insolvency petition may already be filed.

The court also checks the commencement conditions: delay, composition of claims and the aggregate threshold. Penalties and other financial sanctions should not automatically be counted toward the threshold in the same way as principal.

Step-by-step route

1. Verify the debtor. TIN, registration number, address, pending cases, registry notices, liquidation, reorganisation and enforcement.
2. Calculate the claim. Separate principal, interest, penalties, current and registry claims.
3. Confirm standing. Check the judgment, effective date and any statutory exception.
4. Publish notice. Place the notice in the federal corporate facts register and wait at least 15 calendar days.
5. Prepare the petition. State the court, parties, registration data, amount and basis, judgment, proposed interim manager or SRO, and exhibits.
6. Serve and file. Prove service on the debtor and comply with procedural requirements.

Required petition content

Documents to attach

• contracts, delivery notes, acceptance certificates, invoices and other source evidence;
• documents proving the existence and amount of debt;
• an effective judgment where required;
• proof that the debtor received the petition and unavailable exhibits;
• the representative’s proper power of attorney;
• proof of the pre-filing notice;
• Commercial Procedure Code documents, including the state fee or a valid exemption.

What follows filing

The court reviews formal requirements and may accept the petition, leave it without progress pending correction, return it or refuse acceptance in statutory circumstances. Once accepted, a hearing tests its merits. The debtor may submit a response, payment evidence, substantive objections or a corrected calculation.

If the petition is justified, the court commences supervision and appoints an interim manager. Filing first may matter procedurally, but it neither guarantees appointment of the proposed person nor gives the creditor control over the manager.

Separate from an individual debtor petition

This page concerns a debtor that is a legal entity. Personal bankruptcy uses Articles 213.3–213.5, a different threshold and a different evidence package. See the separate guide to a creditor petition against an individual.

Frequently asked questions

May several creditors combine claims?

Yes. The law permits a joint petition and aggregation of claims where the statutory conditions are met and participating creditors sign it.

Must the petition be served on the debtor?

Yes. Article 39(3) requires the creditor to send a copy to the debtor, and procedural rules require proof of service.

Does filing guarantee recovery?

No. Recovery depends on assets, priority, security, current expenses and competing claims. Insolvency is a collective process, not individual enforcement.

Can it be filed electronically?

Procedural documents may be submitted through the authorised court system if form, signature and exhibit requirements are met.

Official sources

• Article 7 of Federal Law No. 127-FZ;
• Article 39: creditor petition;
• Article 40: exhibits;
• Russian commercial court case database.