Leaving a petition without progress means that the Russian commercial court found a curable filing defect and allowed time to correct it; return normally follows if the defect is not cured on time. This is not a merits ruling that the debtor cannot be declared bankrupt. The applicant should obtain the order immediately, follow every item and file the missing material with proof of timing.
Without progress
Proceedings have not started, but the applicant receives a cure period.
Return
The petition is returned; a corrected petition can usually be filed again.
Refusal to accept
Article 43 applies to special legal barriers rather than ordinary curable defects.
Why a Petition Is Left Without Progress
Article 44 applies where the petition or exhibits breach Articles 37–41 of Federal Law No. 127-FZ. A citizen’s own petition must also include the Article 213.4 documents. The court order identifies the specific defects and the cure deadline.
Special Rule for a Citizen’s Own Petition
Paragraph 12 of Supreme Court Plenum Resolution No. 45 explains that missing Article 213.4(3) documents in an ordinary voluntary filing lead to the petition being left without progress and then returned. Where the citizen has a statutory duty to file under Article 213.4(1), the court accepts the petition and requests missing documents during preparation.
How to Cure the Filing
- Download the complete court order and record when it was received.
- Create a checklist matching each defect to the required document and source.
- Correct the petition, debt calculation, creditor and debtor lists, property inventory and evidence.
- File the supplement electronically or with the court office before the deadline.
- State the case number and identify the filing as a response curing defects.
- Confirm registration and monitor the next court order.
When the Original Filing Date Is Preserved
If every defect is cured within the period, the petition is treated as filed on the original receipt date and is accepted for proceedings. This may matter for competing petitions and procedural chronology. If the period expires without cure, the petition and exhibits are returned.
Return, Refusal and a Merits Dismissal
Return ends the particular filing because a procedural defect was not cured. Refusal to accept under Article 43 concerns a statutory barrier, including an existing bankruptcy case with a procedure already introduced. Refusal to declare the debtor bankrupt follows acceptance and merits review, and is a different outcome.
| Response | Meaning | Practical step |
|---|---|---|
| Left without progress | Curable defects in the petition or exhibits | Cure every item on time and retain proof |
| Returned | Defects were not cured or another return ground applies | Correct the cause, assess appeal and refile |
| Refused acceptance | A special Article 43 barrier exists | Check the order and any existing bankruptcy case |
| Accepted | Formal screening passed | Prepare for the merits hearing |
| Debtor not declared bankrupt | The petition failed after merits review | Analyse the judgment and appeal route |
Frequently Asked Questions
Can missing documents be filed later?
Yes, while the cure period in the order remains open. Every listed defect should be addressed.
Is the original filing date retained?
Yes, if defects are cured on time.
Can a returned petition be filed again?
Usually yes after the return ground is removed, provided no other barrier has arisen.
Should the no-progress order be appealed?
That depends on the error and the ability to cure promptly. The cure deadline should not be ignored while an appeal is prepared.
Does this mean bankruptcy is impossible?
No. Leaving without progress and return are not merits refusals to declare the debtor bankrupt.
Official Sources
- Article 43 of Federal Law No. 127-FZ.
- Article 44.
- Article 213.4.
- Supreme Court Plenum Resolution No. 45.
Related guides: starting personal bankruptcy, refusal to declare a debtor bankrupt and creditor petitions.
Has the Court Identified Filing Defects?
An initial consultation can review the order, create a correction checklist and verify the procedural deadline.
BOOK AN INITIAL CONSULTATIONThis material is general information. The correct response depends on the court order, applicant, filing basis and documents in the particular case.