Insolvency5 Mar 2026 · 2 min read

Insolvency moratoriums: how they work and whom they protect

A moratorium changes certain recovery and penalty rules, but its scope depends on the relevant enactment and the obligation concerned. We explain how to approach the review.

A moratorium operates within the limits of the enactment introducing it. First establish its period and the persons covered. This article describes the mechanism and does not suggest that a moratorium currently applies to every company. Mentioning the word in correspondence does not replace checking the applicable instrument.

The Russian Supreme Court explains that, as a general rule, financial penalties on pre-moratorium claims do not accrue during the moratorium against a person it covers. Contractual interest for use of a loan differs from penalties and usually continues to accrue. Opting out and bad-faith reliance on protection also matter. These issues cannot be resolved by a general description of debts being frozen.

Break down the debt calculation

For each agreement, record when the obligation arose, its due date, principal, contractual interest and penalties. If debt arose from several deliveries, retain the breakdown. Include the counterparty’s calculation and identify disputed amounts and periods. A total without supporting detail makes it difficult to check the charges.

Check the basis for relying on a moratorium

Prepare the relevant enactment, company information and any published opt-out notices. Identify action already taken by the creditor: a demand, claim, insolvency petition or enforcement application. Each action requires its own documents and chronology for discussion.

Retain correspondence about the reasons for delay and attempts to settle. It helps reconstruct the parties’ positions and the circumstances actually discussed. Separately collect payment-schedule proposals and evidence of partial performance. Review calculations with accounting colleagues so that the legal arguments are consistent with the records.

Agree the next steps

Use the review to prepare a reasoned response on the disputed amounts and discuss possible repayment arrangements. Record the documents still needed and unresolved issues. This supports focused negotiations that distinguish the existence of the debt, the amount of charges and repayment terms, without conflating different legal grounds.

Further reading