Since Article 19 of the Enterprise Bankruptcy Law stipulates that after the person subject to enforcement enters bankruptcy proceedings, the enforcing court shall rule to suspend the enforcement of the person subject to enforcement, so there is no dispute that the enforcing court shall rule to suspend the enforcement of the person subject to enforcement after the person subject to enforcement enters the bankruptcy procedure. Where the person subject to enforcement enters bankruptcy proceedings and the court rules to suspend enforcement against the judgment defaulter in accordance with law, it is under the circumstance (5) that the information on untrustworthiness shall be deleted, and the enforcing court shall delete the list of judgment defaulters within three working days.
There is a view that the height limit should be lifted after bankruptcy. Theoretically, after the conclusion of the bankruptcy proceedings, the debts of the applicant for enforcement have been legally extinguished, and the enterprise subject to enforcement no longer exists, and there is no factual basis for continuing to restrict the consumption of the legal representative. Restrictions on the consumption of the legal representative of the judgment defaulter are due to the fact that the person subject to enforcement is unable to perform the obligations set forth in the effective legal documents and is included in the list of judgment defaulters, so after the person subject to enforcement is removed from the list of judgment defaulters because he or she has entered bankruptcy proceedings, the restrictions on the consumption of the legal representative of the judgment defaulter shall be lifted. For example, the Answers of the High People's Court of Guangdong Province on Several Questions Concerning the Work of Restricting Consumption and Inclusion in the List of Judgment Defaulters clearly states: "Before the people's court makes a ruling on the acceptance of the bankruptcy application, it is not necessary to lift the measures restricting consumption of the judgment debtor;After the ruling on the acceptance of the bankruptcy application is issued, the measures restricting consumption of the person subject to enforcement shall be lifted. ”
Another point of view is that certain conditions need to be met on whether to lift the height limit after bankruptcy. In judicial practice, for example, the Notice of the Beijing High People's Court on Strengthening the Coordinated Operation of Bankruptcy Trial and Enforcement (Jing Gao Fa Fa 2020 No. 206) stipulates that the court can only lift the height restriction with the consent of the applicant for enforcement. For example, the Chongqing High People's Court issued the Notice on Further Coordinating Bankruptcy Trial and Enforcement Work and Continuously Optimizing the Business Environment Chongqing High People's Court Yu Gao Fa 2022 No. 56 stipulates that the court may temporarily lift the height limit for no more than one month.
Therefore, after bankruptcy,Whether the legal representative can lift the dishonesty and height limit depends on the specific judicial practice of each locality.