A Russian road-accident debt cannot be classified from the word “damages” in a writ alone. Property damage, injury, moral harm and an insurer claim have different discharge treatment.
Claim classification
| Claim | General treatment | Review |
|---|---|---|
| Vehicle or property repair | May fall within general discharge | Liability basis, intent, date and award components |
| Life or health damage | Survives completion | Medical cost, lost earnings and periodic compensation |
| Moral harm | Survives | Separate award and judgment basis |
| Insurer subrogation | Transfer does not change the original nature | What loss the insurer compensated |
| Compulsory-insurance recourse | Special reverse claim | Recourse ground, judgment and Article 213.28 exceptions |
| Damage arising after petition acceptance | Current claim | Accident date and obligation date |
Break down the judgment
Mark what is established.
Practical sequence
Collect decisions
Judgment, writ, accident file, insurance records and calculation.
Separate awards
Do not combine property, injury, moral harm and costs.
Identify the creditor
Victim, insurer and another payer may rely on different bases.
Verify dates
Determine whether the claim arose before or after petition acceptance.
File or object
Use the bankruptcy case and explain each component.
Review completion
Compare the court order with Article 213.28.
Frequently asked questions
Is the victim’s repair award discharged?
There is no automatic answer. It is property damage; statutory exceptions and the completion order must be reviewed.
Is moral-harm compensation discharged?
No. Article 213.28 expressly preserves it.
What about treatment costs and lost earnings?
They relate to life or health damage and survive to the unpaid extent.
Does an insurance payment end the debtor’s exposure?
Not always. The insurer may obtain a subrogated or recourse claim whose basis requires review.
Is the writ enough to classify the debt?
No. A writ rarely states the complete factual and legal basis; obtain the full judgment.
Primary sources
- Civil Code, Article 1064
- Civil Code, Article 1079
- Insolvency Law, Article 4
- Article 213.28 — discharge exceptions
- Supreme Court review, 18 June 2025
Related guidance
Non-dischargeable debts · Enforcement writ · Creditor claim filing
Need to classify a road-accident debt?
Separate the awards, insurance records and relevant discharge exceptions.
INITIAL CONSULTATION