Russian personal bankruptcy does not erase every line in a creditor list automatically. After administering the estate, the commercial court separately applies Article 213.28 of Federal Law No. 127-FZ. Some liabilities survive by express rule, some because of the circumstances in which they arose, and others because concealment, false statements or other bad-faith conduct has been proved.
Statutory exception
Maintenance, personal-injury claims, post-petition liabilities and other expressly listed obligations continue.
Court assessment
The court reviews good faith and may deny discharge generally or in relation to a specific obligation.
Evidence controls
The origin and date of a claim may split liabilities owed to one creditor into pre-petition and current parts.
Debts that normally survive
| Category | What survives | Evidence to review |
|---|---|---|
| Current claims | Obligations arising after acceptance of the bankruptcy petition, unless the statute provides otherwise | Legal accrual date rather than invoice or judgment date |
| Personal claims | Maintenance, injury to life or health, moral damage and other claims inseparably linked to the creditor | Enforcement document and legal basis |
| Employee claims | Unpaid wages and severance owed by the individual debtor as employer | Employment and accrual period |
| Controlling-person liability | Claims imposing subsidiary liability for another entity’s insolvency | Final court ruling and composition of the award |
| Damage and avoided transactions | Specified losses involving intentional or grossly negligent harm and certain transaction consequences | Facts and wording of the court ruling |
| Other special cases | Other obligations expressly preserved by Article 213.28 | Exact statutory paragraph and current case law |
Why an ordinary debt may still remain
Article 213.28(4) identifies circumstances in which discharge does not apply. These include established unlawful bankruptcy conduct, deliberate or sham bankruptcy, failure to provide required information, or knowingly false information supplied to the financial manager or court.
For a particular claim, the court may also assess fraud, malicious evasion, tax evasion, knowingly false information given to a lender, concealment or destruction of property. A missed payment or excessive borrowing does not by itself prove bad faith. The Russian Supreme Court requires an evidence-based assessment of the actual conduct of both debtor and creditor.
Claims that may normally be discharged
Subject to statutory exceptions, discharge may cover unsecured loans, credit cards, microloans, promissory notes, contractual liabilities, utilities and many pre-petition tax claims. Security determines how a secured creditor participates in proceeds from collateral; it does not automatically make every remaining amount perpetual.
The date of the obligation is crucial. A tax assessment attributable to a pre-petition period may be a registry claim, while a mandatory payment arising after the petition was accepted may be current. A later invoice or judgment does not necessarily change the original legal accrual date.
Pre-filing review
- List every creditor, enforcement case, tax, maintenance and other obligation.
- Identify the legal basis, accrual date, maturity date and relevant judgment for each claim.
- Separate current claims from registry claims and flag all items expressly preserved by Article 213.28(5)–(6).
- Review transactions, money movements, credit applications and information supplied to creditors.
- Disclose assets, accounts, income, transactions and foreign property to the financial manager completely.
- If bad faith is alleged, provide documents and explanations addressing each specific episode.
If a creditor did not file
A pre-petition claim does not survive solely because the creditor missed the registry process. The type of claim and discharge rules remain decisive. Personal and other expressly preserved claims may be pursued after the case for the unpaid balance. The presence or absence of one registry entry is therefore not a complete answer.
Frequently asked questions
Is maintenance discharged?
No. Unpaid maintenance survives completion of the bankruptcy case.
Are Russian tax debts discharged?
Many pre-petition tax claims may be covered. Current mandatory payments and claims affected by established unlawful conduct require separate treatment.
Does a creditor keep a claim merely by not filing?
Not automatically. The court must classify the debt and apply Article 213.28. Statutorily preserved claims survive regardless of participation in distributions.
Does every inaccurate loan application prevent discharge?
No. Materiality, knowledge and effect on the credit decision matter. The court examines evidence and the conduct of both parties.
Can discharge be guaranteed in advance?
No. The commercial court decides after reviewing the procedure, creditor claims and debtor conduct.
Official sources
- Federal Law No. 127-FZ, Article 213.28;
- Federal Law No. 127-FZ, Article 5;
- Russian Supreme Court review of personal-bankruptcy cases, 18 June 2025;
- Russian Supreme Court: good faith when assuming obligations, 13 March 2026.
Related guidance: current claims, tax debt, and the Russian personal-bankruptcy procedure.
Need to classify specific debts?
An initial consultation can separate registry, current and surviving claims and assess documentary and discharge risks. No outcome is guaranteed.
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