Restructuring
Outside arrests are lifted and most property enforcement is suspended.
Asset realization
Control of the bankruptcy estate passes to the financial manager.
Restrictions differ
A bailiff arrest, interim court measure and criminal-procedure arrest are not interchangeable.
Identify the restriction
| Restriction | Source | Key issue |
|---|---|---|
| Bailiff arrest | Enforcement order and proceeding | Procedure date, claim type and delivery of the bankruptcy order |
| Real-estate registration ban | Registry extract and underlying document | Who imposed it and whether the lifting document reached the registry |
| Interim court measure | Court ruling | Which proceeding created it and which court may lift it |
| Criminal-procedure arrest | Criminal court or investigator record | Purpose, victims and special lifting procedure |
| Security interest | Agreement and registry | A pledge is not an arrest and does not disappear automatically |
Effect of bankruptcy commencement
Article 213.11(2) of Federal Law No. 127-FZ sets restructuring consequences: most sanctions and interest stop accruing, prior arrests and restrictions are lifted, and new ones may be imposed only in the bankruptcy case. Enforcement of property claims is suspended subject to statutory exceptions.
After the individual is declared bankrupt and asset realization begins, Article 213.25(5) likewise provides for lifting prior arrests. This does not return free control to the debtor. The financial manager administers estate property, and lifting facilitates the collective procedure rather than a private sale by the debtor.
Practical checklist
- Obtain current property, vehicle and bailiff records.
- Record the authority, case number, date and claim type for every restriction.
- Compare each arrest date with the restructuring or realization order.
- Give the records to the financial manager and report any persistent entry.
- Send the effective court act to the competent bailiff or registry.
- Check the updated extract and challenge inaction through the proper procedure if necessary.
Where automatic conclusions fail
Article 213.11 contains exceptions to suspended enforcement. Criminal-procedure arrests serve a different purpose and are covered by the site’s separate guide. Security interests also require independent analysis: lifting a bailiff restriction does not extinguish the pledgee’s rights.
Related guides: enforcement proceedings, criminal-procedure asset arrest and personal bankruptcy.
Frequently asked questions
Is an arrest lifted when the petition is filed?
No. The statutory effect follows a court order commencing the procedure.
May the debtor sell the property after lifting?
No. During realization, the financial manager controls estate assets.
What if the ban remains in the registry?
Identify its legal source and send the appropriate court act to the authority responsible for the entry.
Does the pledge disappear?
No. A pledge and an arrest are legally different.
What about a criminal-procedure arrest?
Special procedural rules apply and the arrest’s purpose must be examined.
Official sources
Does an arrest remain?
We can identify the restriction and the competent authority without promising a predetermined outcome.
Initial consultationFirst Identify Who Imposed the Attachment and Why
| Source | Purpose | Review |
|---|---|---|
| Bailiff | Enforce a particular writ | Order and Article 69.1 |
| Arbitrazh court | Secure a bankruptcy dispute | Case order |
| Civil court | Secure an ordinary claim | Civil case file |
| Criminal court or investigator | Public-law objective | Criminal procedure order |
| Property or vehicle register | Technical restriction entry | Basis and initiator |
Obtain registry details
Document number and authority matter more than the word “attachment”.
Test the claim against exceptions
Maintenance, current payments and personal claims may continue.
Obtain a targeted revocation
The bank or registry needs an act from the actual initiator.
Removing an Attachment Does Not Restore Free Disposal of Estate Property
Even after a bailiff restriction is revoked, property under asset realization remains controlled by the financial manager under Article 213.25 of Federal Law No. 127-FZ. The debtor cannot sell it merely because the bailiff entry disappeared. Article 69.1(4) requires attachments to be removed when enforcement is closed, but Constitutional Court Resolution No. 46-P of 17 December 2025 requires attention to the constitutional purposes of certain public-law measures. The source, claim and replacement legal regime must be checked, not only the bankruptcy date.