Claim registration
We file your claim in the creditors' register – preparing the documentation and meeting the deadline to ensure your participation in distributions.
Debt Collection from a Bankrupt Company in Belarus
Licensed lawyers at AMBY Legal represent creditors in insolvency proceedings against Belarusian companies – filing claims in the creditors' register, protecting interests at creditors' meetings, challenging suspect transactions and pursuing subsidiary liability of directors and founders.
Our clients
When Your Belarusian Debtor Goes Bankrupt
Finding out that your Belarusian debtor has entered insolvency proceedings is not the end of the road – but it changes everything about how you recover the debt. Standard enforcement proceedings are suspended. The bailiff stops acting. A court-appointed insolvency manager takes control of the debtor’s assets and runs the process. Your claim now has to be filed in the creditors’ register – and if you miss the deadline, you may lose the right to participate in distributions entirely.
Acting quickly and correctly is critical. A creditor who files their claim on time, participates actively in the process and challenges any suspect transactions has a realistic chance of recovering something. A creditor who ignores the proceedings or files too late often recovers nothing.
AMBY Legal represents foreign and domestic creditors in Belarusian insolvency proceedings – from the initial claim filing through to distributions and, where appropriate, subsidiary liability claims against the people who ran the company into the ground.
Belarusian Insolvency Law – Key Framework
Insolvency proceedings in Belarus are governed by the Law on Insolvency Settlement No. 227-Z of 15 December 2022, which came into force on 1 October 2023 – replacing the previous bankruptcy law and introducing significant changes. The new law introduced two separate types of proceedings.
Insolvency proceedings (несостоятельность): initiated by the debtor when it cannot meet its obligations. The focus is on rehabilitation where possible.
Bankruptcy proceedings (банкротство): can be initiated by either the debtor or a creditor. The focus is on liquidation and distribution to creditors.
The minimum debt threshold for a creditor to file a bankruptcy application is 100 base amounts – approximately 3,700 Belarusian rubles at 2025 rates. The creditor must also demonstrate that enforcement proceedings have been conducted and no payment has been received for three months.
Insolvency cases are heard by the economic courts of Belarus. A court-appointed insolvency manager – антикризисный управляющий – takes over management of the debtor’s assets and runs the process under court supervision.
Debt Recovery in Belarus
Resolve debt recovery issues in Belarus for companies and legal entities with professional legal support!
What Happens to Your Debt When Bankruptcy is Opened
When bankruptcy proceedings are opened against a Belarusian company, several things happen immediately that affect creditors.
All existing enforcement proceedings against the debtor are suspended – bailiff proceedings stop and judgments cannot be enforced individually.
All new claims must be filed through the insolvency proceedings rather than through ordinary courts or enforcement channels.
The insolvency manager collects information about all the debtor’s assets and liabilities and takes control of the debtor’s property.
A creditors’ register is established – only creditors who file their claims in the register participate in distributions from the debtor’s assets.
A moratorium on satisfying pre-bankruptcy claims takes effect – individual payments to creditors outside the formal process are prohibited.
Our Services
Creditors' meeting representation
We represent creditors at creditors' meetings – advising on voting strategy and protecting your interests in the insolvency process.
Transaction challenges
We identify and challenge suspect transactions – transfers at undervalue, preferences and fraudulent conveyances – to recover assets for distribution.
Subsidiary liability claims
We assess the prospects for and pursue subsidiary liability claims against directors and founders whose actions caused the insolvency.
Bankruptcy initiation
We advise on and manage the process of initiating bankruptcy proceedings against an insolvent Belarusian debtor.
Insolvency manager oversight
We monitor the insolvency manager's conduct on behalf of creditors and challenge any failures to act in creditors' interests.
Subsidiary Liability of Directors and Founders
If the insolvency of the Belarusian company was caused by the deliberate actions of its directors or founders, they can be held personally liable for the company’s debts through subsidiary liability proceedings – субсидиарная ответственность.
Under Belarusian law, subsidiary liability requires proof that: the insolvency was caused by the actions of the directors or founders; those actions were intentional – not merely negligent; and there is a causal link between the actions and the insolvency. The requirement for intentional conduct is demanding – courts have rejected subsidiary liability claims where only negligence was shown. But where deliberate asset stripping, fraudulent transfers or deliberate mismanagement can be demonstrated, subsidiary liability claims can succeed.
We assess the prospects for subsidiary liability claims honestly at the outset – and pursue them where the evidence supports it.
Legal Support for Foreign IT Companies
Professional legal support for foreign clients collaborating with Belarusian IT companies and HTP residents!
Why Foreign Companies Choose AMBY Legal
Speed
Filing deadlines in insolvency proceedings are strict. We act immediately when a debtor's insolvency is discovered.
Active creditor representation
We do not just file the claim and wait – we participate actively in the process, challenge transactions and pursue every available avenue for recovery.
Foreign creditor expertise
We represent foreign creditors in Belarusian insolvency proceedings – handling the full process remotely by power of attorney.
Honest assessment
We tell creditors upfront what they can realistically expect to recover – insolvency proceedings often produce partial or no recovery for commercial creditors, and we say so.
English-speaking
We work in English and Russian – essential for foreign creditors navigating Belarusian insolvency proceedings.
FAQ
What should I do immediately when I find out my Belarusian debtor has entered insolvency proceedings?
Contact us immediately. The most important step is filing your claim in the creditors’ register before the deadline. Missing the deadline can mean losing your right to participate in distributions. We file claims on behalf of foreign creditors and handle all interaction with the insolvency manager.
What is the priority order for creditors in Belarusian insolvency proceedings?
Claims are satisfied in three priority groups: first – claims for harm to life or health; second – employment claims including salary and social insurance contributions; third – all other commercial creditors. In practice, commercial creditors often receive only a partial recovery or nothing at all if the debtor’s assets are insufficient.
Can I recover my debt if the debtor transferred assets before going bankrupt?
Potentially yes – through challenge of the suspect transaction. If assets were transferred at undervalue, to connected parties or with intent to defeat creditors, the transfer can be challenged and the assets recovered for distribution. We identify and pursue these challenges on behalf of creditors.
Can directors be held personally liable for the company’s debts in a bankruptcy?
Yes – through subsidiary liability proceedings – but the threshold is demanding. Belarusian courts require proof of intentional conduct by the directors or founders that caused the insolvency. Negligence alone is not sufficient. We assess the available evidence and advise honestly on the prospects before pursuing this route.
Can a foreign creditor participate in Belarusian insolvency proceedings?
Yes. Foreign creditors have the same rights as domestic creditors to file claims, participate in creditors’ meetings and challenge transactions. We represent foreign creditors in Belarusian insolvency proceedings entirely by power of attorney – you do not need to travel to Belarus.