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Russians have been denied bankruptcy more often due to abuse

Expert Nekhina told who can be refused to write off bankruptcy debts.
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Photo: IZVESTIA/Pavel Volkov
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Russian courts have noticeably tightened their approach to bankruptcy proceedings for individuals: the number of refusals to write off debts has almost tripled over the past year. Anna Nekhina, an expert in business crisis management and arbitration manager, told Izvestia on June 9 why judicial practice is changing, which categories of debtors are at risk of being rejected, and who can still count on the successful completion of bankruptcy proceedings.

"Bankruptcy allows citizens and companies to legally get rid of most debt obligations if they cannot be repaid. However, the procedure is accompanied by a number of restrictions: the bankrupt loses the opportunity to freely dispose of part of his income, receives a negative record in his credit history and is deprived of the right to hold senior positions for several years," the specialist explained.

Despite these consequences, the popularity of bankruptcy among Russians continued to grow. By the end of 2025, the number of personal bankruptcies increased by 31.5% compared to the previous year.

At the same time, the courts began to refuse to write off debts more often. If in 2023-2024 the failure rate did not exceed 1.2% per quarter, then by the end of 2025 the indicator increased to 1.5%. At the beginning of 2026, the trend intensified: in the first three months of the year, 2,218 negative decisions were made in bankruptcy cases.

As the expert explained, one of the reasons was the widespread perception of bankruptcy as an easy way to get rid of debts. According to her, many borrowers began to consider the procedure not as a last resort, but as a pre-planned mechanism for writing off obligations.

Nekhina noted that in small bankruptcy cases, creditors often do not show high activity, especially if the amount owed does not exceed 10 million rubles and the debtor does not have liquid assets. In such cases, the procedure is often formal, which is used by unscrupulous borrowers.

According to Nekhina, there were situations when citizens issued multimillion-dollar loans, withdrew money in cash, and then could not explain what the funds were spent on. However, even in such cases, the courts often decided to write off debts.

The expert believes that in the coming years, the requirements for debtors will become stricter. If now it is creditors who are more often required to prove the borrower's dishonesty, then in the future the focus may shift to the need for the debtor himself to confirm the good faith of his actions.

At the same time, the tightening of practice, according to Nekhina, should not affect citizens who really find themselves in a difficult life situation. She gave an example of a borrower who took out a loan to renovate an apartment, and then faced a serious illness and disability. Despite the initial refusal of the court, she managed to achieve debt cancellation in the cassation instance.

The specialist recommends that potential bankrupts demonstrate in advance attempts to resolve the situation with creditors. We are talking about negotiations, the conclusion of amicable agreements, debt restructuring and the development of plans to restore solvency. This approach makes it possible to show the court that bankruptcy has become the last option to solve the problem, and not a way to evade obligations.

On May 21, Fedresurs reported that the number of refusals to release citizens from debts following bankruptcy in the first quarter of 2026 increased 2.6 times year—on-year to a record 2.2 thousand. At the same time, the number of court bankruptcies increased by 14% (to 137 thousand), and out—of-court ones - by 5% (to 16.4 thousand). Experts attribute the sharp increase in refusals to the tightening of court approaches, the activation of creditors and an increase in the proportion of unscrupulous debtors who take loans without the intention to repay.

Переведено сервисом «Яндекс Переводчик»

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