diff --git a/mm/memcontrol.c b/mm/memcontrol.c
index 7a22b41292115f78dc039ebf5e271090dc5a8f9d..00bb8a64d028f945d50346c2332c6d4b54373621 100644
--- a/mm/memcontrol.c
+++ b/mm/memcontrol.c
@@ -1925,19 +1925,18 @@ static int __mem_cgroup_try_charge(struct mm_struct *mm,
 
 		rcu_read_lock();
 		p = rcu_dereference(mm->owner);
-		VM_BUG_ON(!p);
 		/*
-		 * because we don't have task_lock(), "p" can exit while
-		 * we're here. In that case, "mem" can point to root
-		 * cgroup but never be NULL. (and task_struct itself is freed
-		 * by RCU, cgroup itself is RCU safe.) Then, we have small
-		 * risk here to get wrong cgroup. But such kind of mis-account
-		 * by race always happens because we don't have cgroup_mutex().
-		 * It's overkill and we allow that small race, here.
+		 * Because we don't have task_lock(), "p" can exit.
+		 * In that case, "mem" can point to root or p can be NULL with
+		 * race with swapoff. Then, we have small risk of mis-accouning.
+		 * But such kind of mis-account by race always happens because
+		 * we don't have cgroup_mutex(). It's overkill and we allo that
+		 * small race, here.
+		 * (*) swapoff at el will charge against mm-struct not against
+		 * task-struct. So, mm->owner can be NULL.
 		 */
 		mem = mem_cgroup_from_task(p);
-		VM_BUG_ON(!mem);
-		if (mem_cgroup_is_root(mem)) {
+		if (!mem || mem_cgroup_is_root(mem)) {
 			rcu_read_unlock();
 			goto done;
 		}