Discharge of Obligations in Consumer Bankruptcy: Regulatory Models and the Russian Framework
The article proposes classifying the models of discharging a citizen from obligations based on the legal circumstance that is recognized as sufficient to terminate the compulsory enforceability of the remaining debt. Three basic logics are distinguished: procedural-discharge, payment-disciplinary, and evaluative-selective. It is shown that they describe different grounds for discharge and can be combined within a single legal order. The Russian construct is qualified as a procedural-discharge model with a restrictive-filtering mechanism: completion of the procedure prescribed by law constitutes the general ground for discharge, while bad faith and other disqualifying circumstances act as exceptions. This approach allows for distinguishing between rehabilitation and restructuring, explaining the statistical dominance of property realization, and determining the limits of judicial discretion in the application of Art. 213.28 of the Bankruptcy Law1.