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.

Legal dossier prepared for reading the guide
Current
11 Sep­tem­ber 2026
Reading
4 min
Focus
Kyiv
Briefly

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.

Documents

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.
Risks

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

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

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.

Free initial con­sul­ta­tion

Need help with: Creditor claims in insolvency proceedings?

Briefly de­scribe the sit­u­a­tion. We will check which doc­u­ments and dead­lines are crit­i­cal in your case.

  • a phone number or brief de­scrip­tion is enough
  • after the first contact, the next step should be clear
  • the form uses the same request sub­mis­sion route