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Do Bailiff Freezes Stop During Bankruptcy in Kazakhstan?
Do Bailiff Freezes Stop During Bankruptcy in Kazakhstan?
Find out whether bank account freezes and enforcement actions by private bailiffs stop during personal bankruptcy in Kazakhstan. Out-of-court bankruptcy, court bankruptcy, solvency restoration, and how to remove account freezes.
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Short answer
Yes, after the bankruptcy procedure officially begins, enforcement actions by a private bailiff for debts included in the bankruptcy procedure should be suspended or stopped in accordance with the law. However, account freezes are not always removed automatically on the same day.
If a person is only preparing to file for bankruptcy or has not yet received official confirmation that the procedure has started, this does not automatically require the bailiff to remove account freezes.
In simple terms: “I am planning to file for bankruptcy” is not enough. An official bankruptcy status or a court ruling is needed.
What happens to enforcement proceedings during bankruptcy?
Once the bankruptcy procedure officially starts, creditors should not continue individual debt collection through private bailiffs. Their claims must be considered within the bankruptcy procedure.
This means that for debts included in bankruptcy, a private bailiff should not continue withdrawing money from bank accounts, impose new enforcement measures, or collect the debt separately from the bankruptcy process.
When should bailiff freezes stop?
It depends on the type of procedure.
1. Out-of-court bankruptcy
If out-of-court bankruptcy is applied to a person, enforcement for debts included in that procedure should be stopped. Bank accounts should not be used for forced withdrawals related to those debts.
However, in practice, the freeze may remain visible in the banking system if the bailiff has not sent a decision to the bank in time. Therefore, the debtor should submit a written request to the bailiff.
2. Court bankruptcy
In court bankruptcy, after the court opens the case, enforcement actions related to creditors’ claims included in the procedure should be suspended. Creditors must submit their claims within the bankruptcy case.
If the bailiff continues withdrawing money after the court has opened the case, the debtor may apply to the bailiff, the bank, the Department of Justice, or the court.
3. Solvency restoration
If the court opens a solvency restoration case, enforcement actions regarding claims included in the procedure should also be suspended. Debts must then be handled through the approved solvency restoration plan.
Are account freezes removed automatically?
Not always. In practice, bankruptcy may already have started, but the bank card or account may still show a freeze. This can happen if the bailiff has not sent the removal decision to the bank, the bank has not processed it yet, or the bankruptcy information was not taken into account in time.
That is why the debtor should not rely only on the system. It is better to act in writing.
The debtor should submit a written request to the bailiff asking to suspend enforcement actions and remove account freezes, attaching proof that the bankruptcy procedure has started.
What should be written to the bailiff?
The request may include the following wording:
“Due to the commencement of the bankruptcy procedure in relation to me, I request that enforcement actions be suspended, withdrawals from my bank accounts be stopped, and decisions to remove account freezes be sent to the banks for enforcement proceedings related to debts included in the bankruptcy procedure.”
It is advisable to attach:
- proof that the bankruptcy procedure has started;
- information from eGov or the relevant register;
- a court ruling, if the case is being considered by a court;
- a copy of the identity document;
- bank account details;
- a copy of the bailiff’s freeze decision, if available.
What if the bailiff does not remove the freeze?
If the bankruptcy procedure has started but the bailiff continues withdrawing money or does not remove the freezes, the debtor can take the following steps:
- Submit a written request to the bailiff
The debtor should ask to suspend enforcement actions and send freeze removal decisions to the banks. - Notify the bank
The debtor can inform the bank that the bankruptcy procedure has started and ask the bank not to make withdrawals under the relevant enforcement documents. - File a complaint with the Department of Justice
If the bailiff fails to act, the debtor can file a complaint against the bailiff’s action or inaction. - Apply to court
If withdrawals continue unlawfully, the debtor can challenge the bailiff’s actions or inaction in court.
Are all freezes removed during bankruptcy?
No. It is necessary to check the exact debt for which the freeze was imposed. Bankruptcy does not always cover all obligations.
Special obligations may include:
- alimony;
- compensation for harm to life or health;
- damage caused by a criminal offense;
- certain administrative fines;
- other obligations that cannot be discharged by bankruptcy under the law.
If the freeze was imposed due to alimony, bankruptcy is usually not a basis for automatic termination of enforcement. Such obligations have a special legal status.
Can a freeze be stopped if the bankruptcy application has only been filed?
The mere filing of a bankruptcy application does not always mean that freezes will be removed automatically. What matters is whether the procedure has officially started or the court has opened the case.
If the application is still under review, the bailiff may continue enforcement actions. Therefore, the debtor should track the application status and, once the procedure officially starts, immediately send the relevant documents to the bailiff and the bank.
Why is it important to act in writing?
Because verbal requests, phone calls, and WhatsApp messages are often difficult to prove. If the debtor later needs to file a complaint with the Department of Justice or the court, written evidence will be required.
It is better to submit requests through an official office, eOtinish, the bailiff’s official email, registered mail, or any other method that confirms delivery.
Conclusion
Bailiff freezes may stop during bankruptcy, but only after the bankruptcy procedure has officially started. If a person is only planning to file for bankruptcy, freezes do not automatically end.
After the start of out-of-court bankruptcy, court bankruptcy, or solvency restoration, the bailiff should not continue enforcement for debts included in the procedure. If the freezes are not removed, the debtor should submit a request to the bailiff, notify the bank, and, if necessary, file a complaint with the Department of Justice or the court.
FAQ
Do bailiff freezes stop during bankruptcy?
Yes, enforcement actions for debts included in the bankruptcy procedure should be suspended or stopped in accordance with the law.
Is a bank card freeze removed during bankruptcy?
Yes, if the freeze relates to a debt included in the bankruptcy procedure. In practice, a written request to the bailiff may be required.
Will the freeze be removed if I only filed a bankruptcy application?
Not always. The bankruptcy procedure must officially start, or the court must open the case.
What should I do if the bailiff continues withdrawing money?
You should submit a written request to the bailiff, attach proof that bankruptcy has started, and demand suspension of enforcement actions.
Can I complain about the bailiff?
Yes. If the bailiff fails to act or unlawfully continues enforcement, you can file a complaint with the Department of Justice or the court.
Are alimony freezes removed during bankruptcy?
Usually not. Alimony is a special obligation and is not generally discharged through bankruptcy.
Who must send the freeze removal decision to the bank?
The bailiff or the authority that imposed the freeze must send the decision to the bank.
Can money withdrawn after the start of bankruptcy be returned?
If money was unlawfully withdrawn after the procedure started, the debtor may raise the issue of refund, but the specific enforcement case and withdrawal date must be reviewed.
