Treating the New European Disease of Consumer Debt in a Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law

41 Brooklyn Journal of International Law 655 (2016)

41 Pages Posted: 15 Aug 2015 Last revised: 13 Mar 2024

See all articles by Jason J. Kilborn

Jason J. Kilborn

University of Illinois Chicago School of Law

Date Written: August 12, 2015

Abstract

This Article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly 1000 years of historical development. Effective 1 October 2015, Russia has finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This Article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of the one step back that will likely result when Russia experiences the same challenges with personal insolvency procedures that its European neighbors have faced in recent years. The analysis in this Article contributes to a deeper understanding of modern Russian law and society by tracing the striking emergence of a massive consumer debt problem only a few years after the fall of Communism, along with the development of a solution that is largely consistent with European norms but remains in many respects uniquely Russian.

Keywords: consumer bankruptcy, comparative bankruptcy, comparative insolvency, overindebtedness, несостоятельность, неплатежеспособность, банкротство физических лиц, банкротство физлиц

Suggested Citation

Kilborn, Jason J., Treating the New European Disease of Consumer Debt in a Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law (August 12, 2015). 41 Brooklyn Journal of International Law 655 (2016), Available at SSRN: https://ssrn.com/abstract=2643091 or http://dx.doi.org/10.2139/ssrn.2643091

Jason J. Kilborn (Contact Author)

University of Illinois Chicago School of Law ( email )

300 S. State Street
Chicago, IL 60604
United States

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