Lawyer Pavel PetrovLawyer Pavel Petrov

RURU ENEN

Debts Not Discharged After Russian Bankruptcy: Reasons and Steps

If debts were not discharged after Russian personal bankruptcy, first identify the legal basis stated in the final court order. Two different situations are possible: the court denied relief because of the debtor’s conduct, or a particular claim survives by operation of Article 213.28 of Federal Law No. 127-FZ. The basis determines appeal options, enforcement, and the evidence required.

FIRST STEP

Obtain the full final order and the creditors’ register. “Discharge denied” and “claim survives by law” are not interchangeable conclusions.

Why a court may deny discharge

Article 213.28(4) lists circumstances in which discharge does not apply. The case may involve final findings of bankruptcy misconduct, fraud, or tax evasion; proven concealment of assets; failure to provide required information; knowingly false information supplied to the administrator or court; or bad faith in incurring or performing the obligation.

A large debt, loss of income, or an inaccurate payment forecast does not by itself produce automatic denial. The Supreme Court requires concrete findings and an assessment of the parties’ good faith.

Claims that survive regardless of conduct

Even a good-faith debtor remains liable for statutory exceptions such as current obligations, maintenance, personal-injury claims, certain employee claims, and some liability claims. The full list and classification depend on the legal basis and the court order. See the separate guide Debts Not Discharged in Russian Bankruptcy.

Reading the final order

WordingMeaningReview
Discharge denied generally or as to a creditorThe court relied on conduct under Article 213.28(4).Evidence, reasons, procedure, and the appeal deadline.
A particular claim survivesThe claim falls within a statutory exception or special rule.Nature and date of the debt and the enforcement instrument.
No clear answer in the orderThe issue may appear when enforcement resumes.Operative part, register, enforcement file, and creditor position.

What to do next

  1. Obtain certified orders and the materials relied on by the court.
  2. Separate conduct-based denial from a statutory claim exception.
  3. Check the applicable appeal or cassation deadline; restoration is not automatic.
  4. Compare the findings with evidence of asset, income, credit-application, and administrator disclosures.
  5. If enforcement resumed despite discharge, review the bailiff’s decision and the enforcement instrument.

Can the result be reviewed?

The order may be appealed through the applicable procedure, but prospects depend on its reasons and the evidence. The statute also allows the discharge issue to be revisited after completion where concealed assets or unlawful transfers are discovered and could not previously have been known to the creditor.

Frequently asked questions

Do all debts survive if discharge is denied?

It depends on the operative wording. The court may deny relief broadly or preserve particular claims.

Can the debtor file again?

Repeat filing is subject to special waiting periods and does not by itself reverse the earlier denial order.

Is a complaint against the administrator enough?

No. The relevant court order or enforcement act must be challenged through the proper route; complaints about the administrator are assessed separately.

Official sources

This is general information, not legal advice. The full order and case record are required to choose a remedy.

Need to identify why a debt survived?

We can review the order, the claim, and available procedural steps.

Request a consultation →

A Debt Entry After Bankruptcy May Be Valid or Erroneous

Read the operative final order before classifying the claim. A balance in a bank app is not a substitute for the court order.
ReasonHow to checkRoute
Discharge grantedFinal orderCorrect records
Discharge refusedOperative partAssess appeal
Statutory survivorClaim categoryCheck amount
Current liabilityOrigination datePay or dispute separately
Assignee errorAssignment chainSend final order

Read the full order

“Procedure completed” is insufficient.

Identify the entry

Record agreement, claimant, amount and date.

Choose the recipient

Lender, bureau and bailiff maintain different data.

The General Discharge Has Statutory Exceptions

Article 213.28(3) of Federal Law No. 127-FZ establishes the general discharge, while paragraphs 4–6 identify non-discharge and surviving claims. Maintenance, personal-injury compensation and other special liabilities cannot be labelled errors without review. If a discharged credit remains shown as active, send the final order and a precise correction request to the creditor; monitor credit-bureau and enforcement records separately. The practical route starts with records rather than an oral request: the final commercial-court order, case docket, bailiff order, enforcement number, bank statement and proof that an application was delivered. Read the operative part to confirm whether discharge was granted and whether any claim was reserved. Match every enforcement writ to its creditor, legal basis, origination date and debt category. Maintenance, personal-injury compensation, current liabilities and other surviving claims cannot be closed automatically by citing general case completion. The enforcement database, a bank freeze and a travel restriction may update on different timelines, so review each system separately. State a precise remedy in writing: close the proceeding, revoke a named measure, return an incorrect deduction or explain the legal basis for continuing. Retain receipt evidence and verify the outcome again. This guide does not replace analysis of the final order and the particular writ.

Residual Debt Review

Post-bankruptcy enforcement · Credit history