The logical outcome of bankruptcy for each debtor would be final settlement with creditors and release from debt payment. In reality, no one can provide a 100% guarantee of release from all accumulated debt obligations.

In search of the best solution, legislation provides bona fide debtors with a chance to free themselves from the excessive burden of debt, and gives creditors the opportunity to maximize their interests.

As you can see, the courts note the conscientiousness of the borrower as a clear advantage.

Here emphasis should be placed on the importance of paying taxes and mandatory payments, since the courts, guided by the Constitution of the Russian Federation, establish priority of a citizen’s obligation to pay various types of taxes and fees over transactions carried out within the framework of business activities, classifying them as risks for which full responsibility lies with the entrepreneur himself. This is confirmed by the above-mentioned case, the materials of which proved the debtor’s ability to pay obligatory payments to the budget even before the bankruptcy case arose. Based on the results of establishing this fact, the court found it impossible to apply the rules on exemption from tax obligations.

It would seem that the debtor has sold all of his valuable property, and thus the long-awaited financial freedom begins.

In general, yes, but...

Let us summarize under what circumstances the release of a bankrupt from obligations is categorically prohibited:

• An insurmountable obstacle to release from obligations to pay debts is the criminal or administrative liability of the debtor for unlawful actions, intentional or fictitious bankruptcy in this case, if there is a judicial act that has entered into legal force.
• In the event that a citizen does not provide the necessary information at the request of the court or financial manager, or provides knowingly false information in the bankruptcy case and this is confirmed by the relevant judicial act.
• When entering into financial relationships with creditors, a citizen must provide them with reliable information, otherwise he will face undesirable consequences. If a citizen, in order to obtain a loan from a bank, provided information about the level of income that did not correspond to reality, and thereby assumed obviously unfulfillable obligations, then he will not be able to free himself from obligations to the bank.
• A bankrupt whose actions were aimed at destroying or concealing existing property should not expect release.
• A debtor will be at risk if it is proven that he committed fraudulent acts, maliciously evaded payment of accounts payable, or did not pay taxes and fees established for individuals.

Citizens - debtors need to pay attention to the existence of claims that can be brought for collection even after the end of the bankruptcy case in the outstanding (that is, unpaid) part of them:

Citizens - owners, managers, as well as persons included in the collegial bodies of legal entities should be prepared for situations of subsidiary liability, the basis for which, among other things, may be failure to fulfill the obligation established by law to file an application for bankruptcy of the debtor to the arbitration court .

A person who has the authority to act on behalf of a legal entity will be obliged to compensate for the losses caused, provided that his actions were unreasonable and dishonest.

The court may be wary of a transaction that was made by the debtor with the aim of causing harm to the legal rights of creditors or a transaction in which the price differs from the value of property in similar circumstances clearly for the worse for the debtor (such transactions are called suspicious). Both transactions will most likely be declared invalid by the court.

An important circumstance is the possibility of presenting losses to the bankruptcy manager, if they are intentional or committed due to gross negligence, directly in the bankruptcy case in which he participated.

Obviously, the above cases will also not allow the debtor to be freed from the claims of creditors.

In order to increase the protection of parties in a bankruptcy case of an individual, the law provides for the possibility of revising and even canceling determinations on the completion of the restructuring of a citizen’s debts or the sale of a citizen’s property, which makes it possible to resume the process in a citizen’s bankruptcy case.

A comparison of judicial practice in the main areas in matters of release from obligations in bankruptcy cases shows that the courts fundamentally do not allow the interests of one person to be opposed to the interests of others. Taking into account judicial practice and the position of the legislator, one can observe the presence of a direct relationship between the good faith of a bankrupt citizen and his release from obligations.

DEFINITION

On completion of the sale of a citizen’s property and approval of the financial manager’s remuneration

Moscow

## September 2016

Case No.###-####/##

Arbitration Court of the Moscow Region composed of: judges ##### #.#.,
when keeping the minutes of the court session by the secretary of the court session ####### #.#., having considered at the court session the petition of the financial manager ######## ##### ####### to complete the procedure sale of a citizen's property within the framework of the case of recognition of a citizen ######## ######## ########, ##.##.#### year of birth, TIN ## ########, SNILS ###-###-###-##, birthplace of Gor. ######## Uz.###, registered at the address: Moscow region, ############ district, village. ########, st.

#########, d. ##, insolvent (bankrupt) at his request, while participating in the court hearing:

according to the minutes of the court hearing,

Installed:

By the decision of the Arbitration Court of the Moscow Region dated ## May 2016 in case No. ###-#####/## citizen ####### ###### #########, ##.##.### year of birth, TIN #############, SNILS ###-###-###-6##7, place of birth Gor. ######### Uzbek SSR, registered at the address: Moscow region, ############ district, village. ########, st. #######, d. ##, declared insolvent (bankrupt). A procedure has been introduced for her to sell a citizen’s property for a period of 4 months.

######### #### ######## was approved as the financial manager.

Recognition message ######### #.#. bankruptcy and the introduction of a procedure for the sale of a citizen’s property was published in the Kommersant newspaper No. ## dated ##.##.2016.

Information on the introduction of the procedure for the sale of a citizen’s property was published by the financial manager in the EFRSB newspaper ##.##.2016. No.#########.

The financial manager submitted the following documents to the case file: a report from the financial manager on his activities and the results of the procedure for the sale of property dated ##.##.2016; register of claims of the debtor's creditors as of ##.##.2016, and also submitted a petition to complete the procedure for the sale of property in relation to the debtor. The financial manager also submitted an application for approval of the financial manager’s remuneration and payment of remuneration from the deposit account of the arbitration court.

Financial manager ####### #.#. - appeared.

The debtor's representative is lawyer O.N. Vakina. - appeared.

Other persons participating in the bankruptcy case, duly notified of the place and time of the trial, did not ensure the attendance of representatives to participate in the hearing.

In accordance with paragraph 3 of Article 156 of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedural Code of the Russian Federation), the case was considered in the absence of the specified persons participating in the bankruptcy case.

Having examined the case materials, the arbitration court found the following.

From the report submitted by the financial manager to the court on the work done in the bankruptcy procedure and the register of creditors' claims, it follows that the debtor has no debt to creditors of the first and second priority. In the third stage of the register, based on the ruling of the Arbitration Court of the Moscow Region dated ## July 2016 No. ###-####/2016, the claim of the Public Joint Stock Company “Sberbank of Russia” in the amount of 1 ### ### (one million ###### ####### six thousand ###### ###### ####) rubles ## kopecks, of which the principal debt is 1 ### ### rubles ## kopecks and penalty - ## ### rubles ## kopecks.

The financial manager took measures to identify, form, evaluate and sell the bankruptcy estate; in total, property was identified in the amount of 24 ###, ## rubles, of which:

24 ###, ## rub. – wages ######## #.#., received by her during the bankruptcy procedure, and remaining after the monthly payment of the subsistence minimum.

The specified funds are used to partially repay the claims of creditors of the third stage of the register of creditors' claims.

In accordance with paragraph 3 of paragraph 9 of Article 142 of the Federal Law “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law), the claims of creditors that are not satisfied due to the insufficiency of the debtor’s property are considered extinguished. Claims of creditors not recognized by the bankruptcy trustee are also considered extinguished if the creditor did not apply to the arbitration court or such claims were recognized by the arbitration court as unfounded.

The financial manager has taken the necessary measures to establish the debtor’s property and form the bankruptcy estate.

Evidence of the existence of other property by the debtor, as well as the possibility of its discovery, was not presented in the case materials.

By virtue of Art. 213.28 of the Federal Law “On Insolvency (Bankruptcy)”, after completing settlements with creditors, the financial manager is obliged to submit to the court a report on the results of the sale of the citizen’s property, attaching copies of documents confirming the sale of the citizen’s property and repayment of creditors’ claims, as well as a register of creditors’ claims indicating the amount of repaid creditors’ claims . Based on the results of consideration of the report on the results of the sale of the citizen’s property, the court issues a ruling on the completion of the sale of the citizen’s property and the citizen declared bankrupt is released from further execution of creditors’ claims, including the claims of creditors not declared when introducing the restructuring of the citizen’s debts and the sale of the citizen’s property.

Since it follows from the documents presented in the case file that the debtor has no other property, the measures taken in the procedure for the sale of property and aimed at discovering the debtor’s property and forming a bankruptcy estate at the expense of this property and funds for settlements with creditors were carried out in full by the financial manager volume, the creditors' claims are partially repaid at the expense of the formed bankruptcy estate. There is no other possibility for settlements with creditors; the arbitration court considers it possible to complete the procedure for the sale of property in relation to the citizen ########### ###### ########## (## .##.#### year of birth, TIN ##############, SNILS ##-###-##-###, place of birth Gor. ###### Uzbekistan SSR, registered at: ########### region, ########## district, village ######### , st. ########, no. ##).

According to paragraph 1 of Art. 213.30 of the Bankruptcy Law, within five years from the date of completion of the procedure for the sale of property in relation to a citizen or the termination of bankruptcy proceedings during such a procedure, he assumes obligations under credit agreements and (or) loan agreements without indicating the fact of his bankruptcy.

In accordance with paragraph 3 of Art. 213.30 of the Bankruptcy Law, within three years of the completion of the procedure for the sale of property in relation to a citizen or the termination of bankruptcy proceedings during such a procedure, he has no right to hold positions in the management bodies of a legal entity or otherwise participate in the management of the legal entity.

In bankruptcy procedures of a citizen ########## #.#. no signs of illegal actions were identified ############ #.#., including:

Illegal actions in bankruptcy, intentional or fictitious bankruptcy;

The citizen did not provide the necessary information or provided deliberately false information to the financial manager or the court hearing the citizen’s bankruptcy case;

When an obligation arises or is fulfilled, on which a bankruptcy creditor or an authorized body based its claim in a bankruptcy case of a citizen, the citizen acted illegally, including committing fraud, maliciously evaded repayment of accounts payable, evaded paying taxes and (or) fees from an individual, provided the lender knowingly provided false information when obtaining a loan, concealed or deliberately destroyed property.

According to paragraph 3, paragraph 4 of Art. 213.9 of the Federal Law “On Insolvency (Bankruptcy), remuneration to the financial manager is paid in the amount of a fixed amount and the amount of interest established by Article 20.6 of this Bankruptcy Law. A fixed amount of remuneration is paid to the financial manager in a lump sum upon completion of the procedure applied in the bankruptcy case of a citizen, regardless of the period for which each procedure was introduced. Payment of a fixed amount of remuneration to the financial manager is carried out at the expense of the citizen, unless otherwise provided by this Federal Law. The fixed amount of such remuneration for the financial manager is 10,000 (ten thousand) rubles at a time for carrying out the procedure used in a bankruptcy case.

Based on Art. 213.4 of the Federal Law “On Insolvency (Bankruptcy)” 10/12/2015 through PJSC Sberbank of Russia to the deposit account of the Arbitration Court of the Moscow Region for remuneration to the financial manager in case No. ###-#####/## UFK for the Moscow Region (Arbitration court of the Moscow region l/s #######) on r/s ############### transferred by citizen ########## #.#. RUB 10,000.00

In accordance with the Regulations for organizing the activities of courts in working with personal (deposit) accounts for recording transactions with funds received at temporary disposal, approved by order of the Judicial Department at the Supreme Court of the Russian Federation dated ##.##.#### No. ### payment funds credited to the deposit account are made on the basis of a judicial act adopted by the arbitration court.

Guided by the articles of Art. 20.6, 213.9, 213.28 of the Federal Law “Insolvency (Bankruptcy)”, Articles 184, 185, 223 of the Arbitration Procedural Code of the Russian Federation, Arbitration Court of the Moscow Region,

DEFINED:

complete the sale of the citizen's property ############ ############## ############## ##.##. #### year of birth, INN ##############, SNILS ###-###-##-###, place of birth Gor. ########## Uzbek SSR, registered at the address: ############# region, ############### district, With. #############, st. #########, d. ##.

Release ########### ########## ########## (born November 25, 1984, Taxpayer Identification Number ########## ####, SNILS ####-###-###-### place of birth Gor. ############ Uz. SSR, registered at the address: ###### ########### region, ############ district, village ###########, st. ######, d. ##) from further execution of creditors’ claims, including creditors’ claims not stated when introducing the restructuring of a citizen’s debts and the sale of the citizen’s property.

Approve the remuneration of the financial manager ############# ######## ####### in the case of bankruptcy of a citizen ######### #### ### ######## No.####-#####/### for carrying out the procedure for selling a citizen’s property in the amount of 10,000 (ten thousand) rubles. 00 kop.
Transfer to the financial manager ######### #### ########## from the deposit account of the Arbitration Court of the Moscow Region the remuneration for carrying out the procedure for the sale of a citizen’s property in a citizen’s bankruptcy case ##### #### ######## ######### in the amount of 10,000 (ten thousand) rubles. 00 kop. using the following details:

account account ######################### in Sberbank of Russia (OJSC), account account
###################

BIC #########

Bank division code at the place where the card account is maintained (for internal transfers) ############

Subdivision address Moscow, st. #########, ##

The ruling can be appealed to the Tenth Arbitration Court of Appeal through the Arbitration Court of the Moscow Region within 10 days from the date of its adoption.

ConsultantPlus: note.

The provisions of Article 213.28 (as amended by Federal Law No. 154-FZ of June 29, 2015) on the release of a citizen from obligations also apply to obligations that arose before October 1, 2015.

Section 213.28. Completion of settlements with creditors and release of the citizen from obligations

1. After completing settlements with creditors, the financial manager is obliged to submit to the arbitration court a report on the results of the sale of the citizen’s property, attaching copies of documents confirming the sale of the citizen’s property and repayment of creditors’ claims, as well as a register of creditors’ claims indicating the amount of repaid creditors’ claims.

2. Based on the results of consideration of the report on the results of the sale of the citizen’s property, the arbitration court issues a ruling on the completion of the sale of the citizen’s property.

3. After completing settlements with creditors, a citizen declared bankrupt is released from further fulfillment of creditors’ claims, including claims of creditors not declared when introducing the restructuring of the citizen’s debts or the sale of the citizen’s property (hereinafter referred to as the release of the citizen from obligations).

The release of a citizen from obligations does not apply to the claims of creditors provided for in paragraphs 4 and this article, as well as to claims the existence of which the creditors did not know and should not have known by the time the determination was made to complete the sale of the citizen’s property.

4. Release of a citizen from obligations is not allowed if:

by a judicial act that has entered into legal force, a citizen is brought to criminal or administrative liability for unlawful actions in bankruptcy, intentional or fictitious bankruptcy, provided that such offenses were committed in this citizen’s bankruptcy case;

The citizen did not provide the necessary information or provided deliberately false information to the financial manager or the arbitration court considering the citizen’s bankruptcy case, and this circumstance was established by the relevant judicial act adopted when considering the citizen’s bankruptcy case;

It has been proven that when an obligation arose or was fulfilled, on which a bankruptcy creditor or an authorized body based its claim in a citizen’s bankruptcy case, the citizen acted illegally, including committing fraud, maliciously evaded repayment of accounts payable, evaded paying taxes and (or) fees from an individual, provided the lender with knowingly false information when obtaining a loan, concealed or deliberately destroyed property.

In these cases, the arbitration court, in a ruling on the completion of the sale of a citizen’s property, indicates the non-application of the rule on exemption from fulfillment of obligations in relation to the citizen, or issues a ruling on the non-application of the rule on exemption from fulfillment of obligations in relation to the citizen, if these cases are identified after the completion of the sale of the citizen’s property.

5. Claims of creditors for current payments, for compensation for harm caused to life or health, for payment of wages and severance pay, for compensation for moral damage, for the collection of alimony, as well as other claims inextricably linked with the personality of the creditor, including claims not declared upon the introduction of the restructuring of a citizen’s debts or the sale of a citizen’s property remain valid and can be presented after the end of the bankruptcy proceedings of the citizen in the outstanding part in the manner established by the legislation of the Russian Federation.

After the completion of the sale of a citizen’s property for the unsatisfied claims of creditors provided for in this paragraph and included in the register of creditors’ claims, the arbitration court in the manner established by the legislation of the Russian Federation issues writs of execution.

In the process of considering a citizen’s bankruptcy application, the procedure for restructuring the debt of an individual or the procedure for declaring him bankrupt and selling his property can be applied. As a result of the completion of these procedures, the debtor may be released from obligations to creditors. Let us examine the theoretical aspects of such liberation.

In theory...

Restructuring a citizen’s debt involves using deductions from his permanent income to pay off all debts to creditors within a period not exceeding three years from the date of approval of the restructuring plan. Based on the provisions of Chapter X of the Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law), we can conclude that restructuring a citizen’s debts is a preferable procedure before bankruptcy itself and the sale of the debtor’s property. However, in cases where the amount of deductions from a citizen’s income is insufficient to pay off all his debts to creditors, the court introduces a procedure for bankruptcy and sale of property.
The issue of releasing a citizen from the obligation to pay debts to his creditors (release from obligations) is resolved by the court simultaneously with the consideration of the financial manager’s report on the sale of the citizen’s property and the completion of the citizen’s settlements with creditors.
At the same time, release from obligations means complete release from the obligation to pay debts included in the register of creditors’ claims, as well as debts not declared by creditors when selling property or introducing a debt restructuring procedure (paragraph 1, clause 3, article 213.28 of the Bankruptcy Law).
However, there are also certain types of claims that are not subject to exemption from obligations (clause 5 of Article 213.28 of the Bankruptcy Law).
First of all, these are the requirements:
- for current payments;
- compensation for harm caused to life and health;
- on payment of wages and severance pay;
- compensation for moral damage;
- on the collection of alimony.
As well as other obligations directly related to the identity of the creditor (including those not declared during the sale of property or the introduction of a procedure for restructuring a citizen’s debts).
The exemption from obligations does not apply to claims related to:
- with the involvement of a citizen as a controlling body of a legal entity to subsidiary liability for the obligations of such a legal entity;
- compensation by a citizen for losses caused to a legal entity by intentional actions (or actions due to gross negligence) during the period of fulfillment of the obligations of a member of the collegial management body of such a legal entity or its participant;
- compensation by a citizen for losses caused as a result of non-fulfillment or improper fulfillment of the obligations of the arbitration manager (intentionally or due to gross negligence);
- compensation for damage to property as a result of intentional actions of a citizen or actions due to his gross negligence;
- application of the consequences of the invalidity of a transaction of an insolvent debtor, declared invalid in connection with the purpose of such a transaction to cause property damage to creditors or satisfy the obligations of one creditor to the detriment of other creditors of the debtor.
The above requirements can be presented after the end of the bankruptcy proceedings of a citizen.
In addition, bankruptcy legislation provides for grounds in connection with which exemption from obligations for citizen debtors does not apply.
Such grounds include:
- the entry into force of a decision by which a citizen is held criminally or administratively liable for unlawful actions in bankruptcy, intentional or fictitious bankruptcy (provided that such offenses were committed in this citizen’s bankruptcy case);
- failure by a citizen to provide the necessary information or provision of knowingly false information to the financial manager or arbitration court considering the citizen’s bankruptcy case, and this circumstance is established by the relevant judicial act adopted when considering the citizen’s bankruptcy case;
- when an obligation arises, a citizen commits fraud, malicious evasion of repayment of accounts payable, evasion of taxes and (or) fees from an individual, provision of knowingly false information to the creditor when receiving a loan, concealment or deliberate destruction of property, which is proven in court.
Thus, in Art. 213.18 of the Bankruptcy Law establishes an exhaustive list of grounds due to which a citizen cannot be released from obligations in his bankruptcy case.

...and in practice

Considering the practical issues of releasing citizens from obligations, it is necessary to note the provisions of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated October 13, 2015 N 45 concerning this issue.
Thus, paragraph 12 of Resolution No. 45 clarifies that if a citizen fails to provide a complete package of documents containing information about his property, creditors and debtors as a response to the creditor’s application for his bankruptcy, essentially in the same volume as when filing bankruptcy petition by the citizen himself, the court does not release the citizen from his obligations.
In accordance with paragraph. 1 clause 42 of Resolution No. 45, the introduction of obligations and restrictions of a debtor citizen, including the establishment of grounds for non-application of exemption from obligations in relation to a citizen in a bankruptcy case, pursues the goal of conscientious interaction of the debtor with the court, financial manager and creditors. These restrictions are aimed at preventing the debtor from concealing any circumstances that may adversely affect the possibility of maximizing the full satisfaction of creditors' claims, complicate the court's resolution of issues arising during the consideration of a bankruptcy case, or otherwise impede the consideration of the case.
In addition, in para. 2, paragraph 42 of Resolution No. 45, an important clarification was made that a citizen who cannot present the required documents in court due to his lack of them and the impossibility of obtaining or restoring them cannot be deprived of the right to release from obligations.
According to paragraph 45 of Resolution No. 45, facts that are grounds for the court not to apply an exemption from obligations in relation to a debtor citizen can be both in a bankruptcy case and in a separate court proceeding, including in a court of general jurisdiction.
In accordance with paragraph. 2, paragraph 46 of Resolution No. 45, if circumstances for non-application of exemption from obligations in relation to a citizen are identified by the court after the completion of settlements with creditors, the court that considered the citizen’s bankruptcy case, at the request of a creditor or financial manager, may revise the determination on completion of settlements with creditors, including regarding release from obligations.
Also, in our opinion, paragraph 17 of Resolution No. 45, regarding the release of citizens from obligations to creditors, is very important. It states: if the court finds that the debtor, along with the application for his bankruptcy, has submitted documents containing deliberately false information, hides property belonging to him or transfers it to third parties, such an application as a whole cannot be recognized as justified, regardless of the presence of other reliable information about the debtor's property or creditors.
Studying the small practice that emerged after the introduction of the institution of bankruptcy for citizens, we can say that the courts correctly interpret and apply the provisions of Chapter X of the Bankruptcy Law.
Nevertheless, annoying incidents arise in practice, indicating that judges have expanded their interpretation of the norms of this chapter and, as a result, the unjustified deprivation of citizens of the right to be released from obligations.
Thus, by the Decree of the Arbitration Court of the Novosibirsk Region dated March 24, 2016 in case No. A45-24580/2015, following the completion of settlements with creditors, citizen V.A. was not released from his obligations. Ovsyannikov.
The court, referring to the provisions of paragraph. 4 p. 4 art. 213.28 of the Bankruptcy Law and the fact that the amount of income of citizen V.A. Ovsyannikov is lower than the total amount of monthly payments on his credit obligations, considered that in this case the debtor acted in bad faith, and considered it possible not to apply the rules on exemption from obligations to the citizen.
As already stated above, establishing the principle of good faith of the debtor is aimed at preventing the debtor from concealing any circumstances that may adversely affect the possibility of maximizing the full satisfaction of the creditors' claims, complicate the court's resolution of issues arising during the consideration of the bankruptcy case, or otherwise impede the consideration of the case .
At the same time, an exhaustive list of such circumstances is indicated in paragraph 4 of Art. 213.28 of the Bankruptcy Law. However, the court did not establish the presence of any of the circumstances specified in this norm, and the court’s indication of the debtor’s bad faith without the presence of at least one of the signs provided for in paragraph 4 of Art. 213.28 of the Bankruptcy Law cannot be a basis for non-application against citizen V.A. Ovsyannikov's release from obligations. The Determination contains no reasoned conclusions about the presence in relation to V.A. Ovsyannikov or in his actions any grounds provided for in paragraph 4 of Art. 213.28 of the Bankruptcy Law.
An indication that the debtor has credit obligations, the total monthly payment for which exceeds the citizen’s monthly income, without evidence that he provided false information to credit institutions when applying for a loan can only indicate an insufficient assessment of the risks of non-payment of loans by such a citizen by credit institutions.
Taking into account the above, we can conclude that with the introduction of the institution of personal bankruptcy, individuals actually had the opportunity to legally be released from debts to their creditors. In turn, the timely preparation by the RF Armed Forces of the necessary detailed explanations and detailed explanations when considering bankruptcy cases by the courts allowed arbitration courts to correctly implement these norms in practice.

provided for in paragraphs 4 and this article

What kind of requirements are these?

What do you think, colleagues?

It's like in the movie "Shirli-myrli" - they pulled their eyes onto their ass. We took half of clause 9 of Art. 142 and paragraph 3 of Art. 213.28 of the Bankruptcy Law.

Good evening, dear colleagues.

How do you understand para. 2 clause 3 art. 213.28 of the Bankruptcy Law: " The release of a citizen from obligations does not apply to the claims of creditors, provided for in paragraphs 4 and this article, as well as for claims, the existence of which the creditors did not know and should not have known at the time the determination was made to complete the sale of the citizen’s property.”

What kind of requirements are these? the existence of which the creditors did not know and should not have known by the time the determination was made to complete the sale of the citizen’s property"

Does anyone have any examples?

There is a creditor who was not notified (by the financial manager, the debtor) about the start of bankruptcy proceedings against the debtor-citizen (the merchant creditor does not read and does not check with the EFRSB). After 6 months, the creditor turned to the SSP regarding his debt, the bailiff accordingly initiated proceedings and began to write off money from the debtor, who had a court ruling on the completion of the bankruptcy procedure and release from debts.
The bailiff and the creditor refer to paragraph. 2 clause 3 art. 213.28 of the Bankruptcy Law. They say that the debtor is not released from the debt to the creditor, since the creditor did not know or was not notified about the bankruptcy procedure.

In my opinion, the debtor has nothing to do with it, since he has a determination on completion and release from debts. Accordingly, if you don’t like something, then let them go to court and appeal this determination.

What do you think, colleagues?

It's complete nonsense, all claims, even those not stated, are considered extinguished. This legal postulate to which you refer speaks of the emergence of obligations during the period of bankruptcy procedures for a citizen (restructuring, implementation), i.e. so-called current payments. Now, if your debt arose during the period of procedures against you, then both the bailiff and the creditor are right, and if not, feel free to appeal the actions (inaction) of the bailiff under the CAS.