Asset realisation does not mean that everything is sold: the financial manager forms the bankruptcy estate, while statute and court orders determine inclusion, exclusion and enforcement protection. The estate generally covers property held when bankruptcy is declared and property identified or acquired during the procedure, including interests and certain rights. Protection depends on asset type, security, ownership regime and evidence.
Complete schedule
Accounts, things, rights, interests and marital assets require review.
Evidence based
Exclusion follows statute, documents and, where needed, a court order.
Managed process
Valuation, sale terms and realisation follow the statutory procedure.
Quick self-check
- Prepare a complete asset and rights schedule.
- Reconcile property, vehicle, bank, company-interest and digital-asset records.
- Identify security, marital property and third-party assets.
- Collect evidence for a sole home, necessary items and protected payments.
- Do not transfer or conceal assets through relatives.
- Review reports, valuation, notices and court orders.
What Enters the Estate
Article 213.25 of Federal Law No. 127-FZ covers property held when bankruptcy is declared and property identified or acquired during the procedure, subject to statutory exclusions. The review includes money, claims, interests and valuable rights as well as physical things.
Protected Property
Article 446 of the Civil Procedure Code protects listed property from enforcement. This may include ordinary household necessities, qualifying professional tools and protected monetary limits. Purpose, value and evidence matter for each item.
Sole, Mortgaged and Marital Homes
A sole home suitable for permanent residence is generally protected by Article 446, but mortgaged housing is subject to a special exception. Disproportionate housing and substitute-home issues require case-specific court analysis. Marital property is not ignored: the debtor’s interest, the other spouse’s rights and common obligations must be addressed.
Valuation and Sale
The financial manager inventories assets, arranges valuation and develops sale terms under Article 213.26. Notices and results appear in EFRSB, while disputes are determined in the bankruptcy case. Price may change through auction stages; that does not make the sale arbitrary.
- identify and inventory;
- verify title and security;
- value and approve sale terms;
- publish and conduct the sale;
- distribute proceeds under statute.
Exclusion and Procedure Control
A participant seeking protection or exclusion should file a reasoned position with evidence. For money, source and purpose are important; for a thing, title, value and actual use matter. Objections to valuation, sale or distribution should be raised in the case while evidence remains available.
| Asset | General treatment | Evidence |
|---|---|---|
| Money and accounts | Included subject to protected amounts and payments | Source, purpose and payment period |
| Sole home | Generally protected, subject to special cases | Suitability, residence and security |
| Mortgaged home | Special exception to ordinary immunity | Security, contract and creditor claim |
| Marital property | Debtor interest and spouse rights are reviewed | Acquisition date, funds and marital regime |
| Vehicle and valuables | Usually considered for realisation | Title, security, necessity and value |
Frequently Asked Questions
Are all household items taken?
No. Enforcement protection and purpose matter, though an unusually valuable item may require separate analysis.
Can a vehicle be retained?
A vehicle normally enters the estate; exclusion requires a specific legal ground and evidence.
Is the spouse’s share sold?
The marital regime and debtor interest are examined, while spouse rights and proceeds are handled under statute.
Who sets the asset price?
Valuation and sale terms are developed by the financial manager, with disputes determined by the court.
May an asset be hidden from the manager?
No. Concealment can lead to avoidance, refusal of discharge and other consequences.
Official Sources
- Federal Law No. 127-FZ, Articles 213.25–213.26.
- Civil Procedure Code, Article 446.
- Federal Tax Service: citizen bankruptcy.
- Supreme Court review dated 18 June 2025, amended in 2026.
- Bankruptcy Register.
Use the asset inventory guide; separate guides cover marital property and protected living funds.
Need a Pre-filing Asset Review?
We can review title, security, marital assets, protected items and evidence without promising that a particular asset will be retained.
BOOK AN INITIAL CONSULTATIONGeneral information as at 29 August 2026. The result depends on the obligations, assets, conduct and court orders; no discharge or fixed timeline is guaranteed.