Annotation

The article examines the discharge of an individual from unperformed obligations following judicial and out-of-court bankruptcy. It focuses on the limits of Article 213.28(4) of the Bankruptcy Law and the positions stated in the Supreme Court Review of 18 June 2025. Good faith is treated not as a general moral assessment but through legally relevant conduct when obligations arose or were performed and through the debtor’s openness during the procedure. An unreasonable assessment of personal finances is distinguished from intentional evasion, and non-discharge may be limited to a specific claim. In out-of-court bankruptcy, discharge applies only to listed creditors and the stated amount, while disclosure duties and creditor remedies partly replace continuous judicial supervision.