Lawyer Pavel PetrovLawyer Pavel Petrov

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Judgment Debt in Russian Personal Bankruptcy

JUDGMENT · CLAIM NATURE · DISCHARGE

A final Russian judgment confirms a debt but does not by itself make it non-dischargeable. Personal bankruptcy requires identification of the underlying obligation, its date and any Article 213.28 exception.

Two questions must remain separate. The guide on an enforcement writ in bankruptcy addresses enforcement procedure. This page addresses whether the liability itself survives completion.

Different judgment bases

Judgment basisLikely treatmentReview
Loan or ordinary contract debtUsually within general dischargeDates, filing, good faith and completion order
Current claimSurvivesWhen the obligation arose relative to petition acceptance
Maintenance, life or health damage, moral harmSurviveNature and separate amount of each award
Secondary liabilitySurvives where the statute providesBasis and operative part
Company loss caused by a participantMay survive under a special exceptionDebtor status and liability basis
Intentional property damageSurvives where intent was judicially establishedReasoning of the judgment
Litigation costsNot classified by label aloneAccrual date and nature of the underlying proceeding

Documents required before classification

Mark what is available.

Documents required before classification
A writ is insufficient; obtain the full judgment.

Practical sequence

Identify the original basis

Find the contract, damage, duty or corporate breach behind the claim.

Break down the award

Separate principal, interest, penalties, loss, moral harm and costs.

Set the dates

Compare obligation accrual with petition acceptance.

Review exceptions

Apply Article 213.28(4)–(6) and the good-faith findings.

Check the bankruptcy case

Determine whether and how the creditor filed.

Read the completion order

The operative part controls discharge in the particular case.

Frequently asked questions

Is an unfiled judgment debt always discharged?

General discharge covers unfiled claims, but statutory surviving claims and the protected unknown-creditor situation remain.

May the judgment amount be relitigated in bankruptcy?

A final judgment is binding. The bankruptcy court classifies the claim, performance and procedural treatment rather than rerunning the resolved dispute.

Is a court order different from a judgment?

It is a different procedural act, but discharge still depends on the underlying claim and statutory exceptions.

What happens to enforcement proceedings?

That is a separate procedural issue governed by the bankruptcy stage and claim-filing rules.

Can a new writ issue after bankruptcy?

For a surviving claim, potentially under the applicable procedure. A discharged debt cannot continue to be collected.

Primary sources

Related guidance

Enforcement writ · Non-dischargeable debts · Creditor claim filing

Have a judgment and a discharge question?

Review the award basis, dates, exceptions and bankruptcy completion order.

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