Insolvency30 May 2026 · 2 min read

Insolvency settlements: when an agreement may beat liquidation

An agreement with creditors is useful only if it can be performed. We compare settlement and asset-sale scenarios and explain how to prepare a payment schedule and negotiating position.

A settlement in Russian insolvency proceedings can establish repayment arrangements and end the case on court-approved terms. It may preserve operating assets for the business and provide creditors with a clearer repayment source. An attractive schedule on paper, however, does not establish the ability to deliver it.

First, compare two scenarios

Estimate receipts from selling assets and from continuing operations. Include procedural costs, sale timing, asset encumbrances and working-capital requirements. Compare the amounts actually available to creditors, rather than comparing the book value of property with the company’s revenue.

01

Sources of payment

Describe operating profit, the sale of an individual asset and third-party funding separately. Each source needs supporting evidence and a realistic receipt date.

02

A resilient timetable

Test whether the plan can withstand late customer payments and higher costs. A fallback scenario helps assess deviations before signing.

03

Creditor terms

Review priority, security and claim amounts. Differences between creditor groups matter when drafting terms, voting and applying to the court.

More than agreement between the parties

The decision-making and approval procedure is set out in Article 150 of the Russian Insolvency Law. A verbal understanding with the largest creditor does not replace the required statutory steps and court scrutiny.

Prepare the claims register, financial model, draft payment schedule and security documents for negotiations. If an investor will contribute, agree the participation terms and funding evidence in advance. Separately address notices, payment confirmation and the response to missed instalments.

The aim is a set of agreed terms making clear who will perform, when and using which funds. If payment sources remain unconfirmed, revising the model before a vote is more useful than embedding unresolved financial risk in the agreement.

Key takeaway

Assess a settlement by its feasibility. A credible plan connects repayment dates with evidenced funding sources and takes different creditors’ interests into account.

Further reading