Uncollectible Debt of an Individual Bankrupt: Shortcomings of the Legal Regulation and the Law Implementation Practice

Abstract

The article analyzes the legal nature of the status of a citizen’s debt, which is considered to be repaid as a result of bankruptcy proceedings. The article considers the relationship between the purpose of bankruptcy legislation and the general rule on the release of a citizen from fulfilling obligations to creditors. The shortcomings of legislation and acts of generalization of judicial practice are revealed, creating prerequisites for violation of the rights and legitimate interests of a bankrupt citizen. Specific legal conflicts and gaps that contribute to the incorrect interpretation of legislation by creditors are highlighted. An assessment is given of the legality of the assignment of the right of claim in relation to the repaid debt, as well as the legality of measures to recover it. Practical recommendations are offered to prevent violations of the current legislation related to succession in relation to the debt of a bankrupt.