Guide4 min read
Business and contracts
How to file a creditor claim in insolvency proceedings
If a counterparty enters insolvency proceedings, an ordinary demand letter or a new lawsuit may not protect the creditor. Businesses in Kyiv and the region should quickly find the official notice, classify the claim, and file it in the insolvency case itself.

What you should know
- Find the official notice that proceedings have opened: the 30 days run from its publication, not from the order or a letter.
- Check that the claim is an insolvency claim arising before the case opened; current, secured, and special claims are treated differently.
- The publication date is day 1. File the application and evidence with the commercial court already handling the insolvency case.
- A late claim does not disappear solely because the deadline was missed, but the creditor has no decisive vote and earlier case acts bind them.
When this applies
This guide applies if insolvency proceedings have already been opened against your debtor and the debt arose before that event. Once the case is open, ordinary correspondence or waiting for the outcome of a separate lawsuit is not enough: to participate as an insolvency creditor, you must file your claim in the case itself.
First make sure the notice you found concerns your counterparty. For companies with similar names, the decisive details are the EDRPOU code, case number, and court. A debt owed to a Kyiv supplier may be handled outside Kyiv: the existing case, not the creditor’s address, determines where to file.
Which deadline or procedure applies
An insolvency creditor whose claim arose before proceedings opened must file a written application within 30 days of the official publication of the notice. The publication date counts as day 1. For example, if the notice was published on 28 October 2025, calendar day 30 is 26 November 2025.
For an initial check, use the creditor claim deadline calculator for insolvency proceedings. It will stop the calculation for a current, fully secured, special, or uncertain claim. If the final date falls on a Saturday or Sunday, the tool will show a provisional move to Monday, but public holidays, working arrangements under martial law, and the technical availability of court systems must be checked separately.
Missing the deadline does not automatically extinguish the debt. A late creditor may file a claim, but will not have a decisive vote, and earlier actions and court decisions in the case will bind them. The Bankruptcy Code does not provide an automatic mechanism to restore these 30 days.
Steps to take
Find the official notice and save it with the date you checked it. Then break the claim down by period: what arose before proceedings opened, what arose after, and which portion is secured by a pledge or mortgage. Separately identify child support, harm to life or health, copyright remuneration, and other claims subject to special treatment.
Prepare a calculation: principal, interest, penalties, and other components must be explained and supported by documents. If you previously prepared an ordinary debt recovery claim, check which evidence supports the claim, but do not file the lawsuit package without adapting it to Article 45 of the Bankruptcy Code.
Prepare an application with the parties’ and case details, the amount claimed, the relevant circumstances, and a list of evidence. Check the court fee in force on the filing date: the deadline calculator intentionally does not insert an amount for 2026. Send copies to the debtor and property administrator and keep proof of delivery. File the application with the commercial court named in the notice.
What to check before filing
Compare the date each part of the debt arose with the date proceedings opened. Later deliveries, rent, or services may give rise to current claims. If there is a pledge, assess what amount is actually secured and whether an unsecured balance remains.
Check the signatory’s authority, electronic signature, attachment numbering, scan quality, and proof that copies were sent. Do not wait until the last moment: a technical error or missing attachment may require a procedural response after the deadline has passed.
When to consult a lawyer
Legal review is especially useful when the debt involves several contracts, is partly secured, is denominated in foreign currency, has already been confirmed by a court decision, or the deadline has passed. In these situations, a classification error affects more than the deadline: it may also affect voting rights, priority, and the amount of the admitted claim.
For a Kyiv business, a consultation can cover review of source documents, the calculation, preparation of the application for the proper commercial court, and ongoing representation in the case, regardless of the region where the debtor’s insolvency is being handled.
What to prepare
- The official notice opening proceedings, including the case number, date, debtor name, and debtor code.
- Contracts, orders, waybills, statements, invoices, payment records, and correspondence proving how the debt arose.
- A calculation of principal and each additional component as of the relevant date.
- Documents on a pledge, mortgage, guarantee, or other security, and a calculation of the secured portion.
- Proof of court-fee payment under the rule in force on the filing date, or a document establishing a statutory exemption.
- Proof that a copy of the application was sent to the debtor and the property administrator, and confirmation of filing with the court.
Common mistakes
- Counting 30 days from the date of the order, a counterparty’s notice, or a letter from the insolvency practitioner.
- Treating the entire amount as an insolvency claim without separating current, secured, or specially protected portions.
- Filing only a debt spreadsheet without source documents or an explanation of when the obligation arose.
- Using last year’s court fee automatically instead of checking the rule in force on the filing date.
- Waiting for the 30-day deadline to be restored instead of promptly filing a late claim and assessing the consequences.
Official sources
- Code of Ukraine on Bankruptcy ProceduresArticles 1, 45–47, 64, and 122 govern creditor status, filing and review of claims, priority, and cases involving individuals.
- Commercial Procedure Code of UkraineArticles 115–116 contain general rules for calculating and ending procedural time limits.
- Law of Ukraine No. 2136-IXArticle 6 sets out the treatment of public holidays and non-working days during martial law.
- Supreme Court: case No. 904/5743/20Official position on filing, proving, and reviewing creditor claims in insolvency proceedings.
- Supreme Court: case No. 902/560/20Official position on the legal treatment of creditor claims in insolvency proceedings.
- Prepared
- This material was prepared for the website’s reference section based on official sources.
- Control
- Before publication, the editors check legal statements against the cited official sources and the date they were current.
- Important
- This guide is informational. A decision requires review of the documents, deadlines, and factual circumstances.
Current as of . The material depends on the documents and circumstances of the specific case.
Frequently asked questions
Where should a creditor find the date from which the 30 days are counted?
In the official notice opening proceedings on the judiciary web portal. Check the case number, full name or personal name, and debtor code; the order date may be different.
Does the day of official publication count toward the deadline?
Yes. Part one of Article 45 of the Bankruptcy Code starts the period on the publication date, and the special rule counts that date as day 1. Day 30 falls 29 calendar days later.
What happens if the creditor files after the deadline?
The claim is not automatically extinguished solely because it is late, but the creditor has no right to a decisive vote, and actions and court decisions made before the creditor joined are binding. There is no automatic extension of the deadline.
Must a claim secured by a pledge be filed separately?
A secured creditor has a special status, and any unsecured balance may need separate classification. Do not apply the ordinary insolvency-claim approach to the entire debt without analysing the security.
Which court should a Kyiv creditor apply to?
Not the court where the creditor is located, but the commercial court already handling the specific insolvency case. The official notice gives the court and case number; filing may be electronic or by another procedurally permitted method.
What court fee should be paid in 2026?
Do not use a fixed amount copied from another template. Check the current law, the subsistence minimum on the filing date, and whether an exemption applies.
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