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Bankruptcy and Insolvency Procedures in Russia for Foreign Creditors (2025 Guide)

Introduction

When a Russian counterparty becomes insolvent — or deliberately avoids payment — bankruptcy procedures offer a structured way to recover at least part of the debt and investigate asset transfers.

But for foreign creditors, the Russian bankruptcy system can seem opaque, document-heavy, and procedurally strict.

At RT-Union – Turkish International Law & Consulting Firm, we represent international clients in all phases of bankruptcy litigation, monitoring, and asset recovery.

This 2025 guide explains how Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” applies to foreign claimants — and how to act.

Can Foreign Creditors Participate in Russian Bankruptcy Cases?

Yes — Russian bankruptcy law does not distinguish between local and foreign creditors.

As long as the debt is legitimate and properly documented, you may file a claim and take part in court-supervised insolvency proceedings.

Common scenarios include:

  • Unpaid invoices
  • Broken investment agreements
  • Debt following arbitration/court awards
  • Fraudulent asset transfers

Key Stages of Bankruptcy Procedure in Russia

1.Initiation (Monitoring Stage / Наблюдение)
  • Debtor or creditor files a petition (minimum debt: ₽500,000 / ~€5,000)
  • Court appoints a temporary administrator
  • Debtor’s accounts and operations are frozen

2.Creditor Claims Filing
  • Creditors must file within 30 days of publication
  • Application includes:
  • Original contract/invoice
  • Proof of delivery or service
  • Payment default evidence
  • Certified Russian translation
  • Apostilled POA (if foreign claimant)

3.Asset Review and Management
  • Administrator identifies assets, contests suspicious transfers
  • RT-Union may petition to invalidate fraudulent transactions

4.Sale and Distribution
  • Liquidation of debtor assets
  • Proceeds distributed based on creditor priority

5.Closure
  • If no assets: bankruptcy closed
  • If assets found: distribution continues

Where Do Foreign Creditors Typically Lose?

Mistake: Missed filing window
Consequence: Claim excluded from register

Mistake: Untranslated documents
Consequence: Application rejected

Mistake: No POA or certification
Consequence: Procedure delayed

Mistake: Incorrect legal basis
Consequence: Priority downgraded
✅ RT-Union prevents all of the above by handling full creditor filing, translation, certification, and court communication.

Creditor Priorities in Russian Bankruptcy

  1. Secured creditors (mortgages, pledges)
  2. Employees (wages, damages)
  3. Tax authorities
  4. Unsecured creditors (incl. most foreign suppliers)
  5. Subordinated claims (penalties, insider loans)

Can You Challenge Fraudulent Transfers?

Yes — Russian bankruptcy law allows clawback of asset transfers made:
  • Without fair value
  • To related parties
  • In the “suspect period” (up to 3 years prior to bankruptcy)

RT-Union files legal motions to recover such assets and restore fair distribution to creditors.

Case Example: Austrian Manufacturer v. Russian Importer (Bankruptcy Recovery)

Austrian company supplied €90,000 in goods, partially paid, then ignored.

RT-Union:
  • Monitored debtor status
  • Initiated creditor filing in Samara Arbitrazh Court
  • Filed for inclusion into register
  • Discovered asset transfer to sister company
  • Filed clawback motion — recovered 70% of the debt

Frequently Asked Questions

Can I file as a creditor from abroad?
Yes — RT-Union represents foreign clients by POA and handles the full filing and communication.

What documents are required?
Contract, invoice, proof of service/delivery, correspondence, plus translations and POA.

What if the debtor has no assets?
Even in assetless bankruptcies, RT-Union may request subsidiary liability, fraud investigation, or director sanctions.

Can I enforce a foreign court decision in bankruptcy?
Yes — but it must first be recognized by a Russian court (we handle this as part of the claim).

Why Work with RT-Union – Russian-Turkish Law & Consulting Firm

  • Bankruptcy representation in all Russian regions
  • End-to-end creditor claims (filing, validation, litigation)
  • Clawback actions and fraud recovery
  • Documentation and compliance for foreign claimants
  • Full support in English, German, Russian, French

We don’t just submit your claim — we fight for its enforcement inside Russian courts.

File or Monitor a Bankruptcy Case in Russia

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📞 Free case review and document strategy.

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