Conscientiousness and reasonableness in resolving the issue of releasing a citizen from debts in the bankruptcy procedure (statement of the problem)

Abstract

The article is devoted to finding an answer to the question of what criteria of good faith and reasonableness the behavior of a citizen-debtor must meet in order for him to be released from fulfilling his obligations upon completion of the consumer bankruptcy procedure. The article attempts to answer questions about what conscientiousness and reasonableness are; whether there are clear standards for recognizing a debtor in good faith in a consumer bankruptcy proceeding; what problems does law enforcement practice face after the formulation by the Supreme Court of the Russian Federation of the position that the unreasonableness of the debtor does not mean his bad faith in resolving the issue of releasing him from debts upon completion of the bankruptcy procedure, expressed in the Ruling of the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation dated 06/03/2019 № 305-ES18-26429 in case № A41-20557/2016. In particular, the author analyzes extremely topical issues related to the release of a citizen debtor from debts arising from a guarantee for business loans, as well as an assessment of the purpose of attracting credit funds as a tool for analyzing the debtor's good faith.