Before proceedings
No special consent yet, but lender information must be truthful.
Debt restructuring
Prior written consent of the financial manager is required.
Asset realisation
Estate rights and cash operations follow the statutory regime.
After completion
Bankruptcy must be disclosed when contracting for credit for five years.
The answer depends on the bankruptcy stage
| Stage | General treatment | Main risk |
|---|---|---|
| Before petition acceptance | No insolvency-specific consent | Truthful application, actual affordability and later good-faith assessment |
| Debt restructuring | Loan or credit requires prior written manager consent | Challenge to the transaction and breach of Article 213.11 |
| Asset realisation | The debtor cannot personally dispose of estate property | No lawful repayment source from controlled funds |
| After completion | Credit remains subject to the lender’s decision | Bankruptcy disclosure for five years |
Why restructuring requires consent
Article 213.11(5) expressly lists obtaining or granting loans, obtaining credit, guarantees and sureties among transactions requiring the financial manager’s prior written consent. A bank’s technical approval does not displace that rule.
Manager consent does not guarantee lending: the bank independently assesses risk. A refusal should not be bypassed by concealing the procedure or relabelling the agreement.
Asset realisation changes control
Once the individual is declared bankrupt, rights over estate property are exercised by the financial manager. Account funds and new receipts follow Article 213.25 subject to statutory exclusions. An ordinary consumer loan for day-to-day spending is therefore legally and economically difficult during this stage: repayment source, authority and creditor impact require review before signature.
Stage navigator
Choose the current case position. This is a legal starting point, not the lender’s decision.
What to check before applying
New-credit readiness check
Mark the records already confirmed. Nothing is transmitted.
Article 213.28 lists fraud, knowingly false credit information, concealment and deliberate destruction of property among circumstances that may prevent discharge of the relevant obligations. A clerical error is not the same as proven intent, but automatic discharge of new borrowing must never be assumed.
Frequently asked questions
Will a bank see the case?
Case information is published in the federal insolvency register and the commercial-court docket. The bank decides how to check and whether to lend.
May I obtain a credit card?
A credit limit creates borrowing and follows the same stage-specific restrictions. A debit card is a different product.
What if the bank approved without manager consent?
Bank approval does not displace Article 213.11(5). Validity and consequences require review before using funds.
Will the new loan be discharged with old debt?
There is no automatic rule. Timing, procedural status and good faith are assessed separately.
May I apply immediately after completion?
There is no general ban, but the individual must disclose the bankruptcy when contracting for credit for five years.
Primary legal sources
- Insolvency Law Article 213.11
- Article 213.25: bankruptcy estate
- Article 213.28: discharge and exceptions
- Article 213.30: post-bankruptcy consequences
Related guides
Conduct during proceedings · Accounts and cards · Credit history after bankruptcy
Considering a new agreement during proceedings?
We can review the stage, consent requirement, repayment source and discharge risk.
INITIAL CONSULTATIONGeneral information as at 30 August 2026. Lending approval, transaction validity and debt treatment depend on the documents and case stage.