If the legal person of a company appeared to cannot pay off all debt that the company has expired, and all the company's existing capital are insufficient, pay off the total external debt of the company without method, perhaps had been deficient in this kind of circumstance that did not have capacity of pay off debt even, if the company keeps the requirement of two above that advanced face place mentions, can apply for the insolvency of the company.
The netizen seeks advice:
The company applies for to go bankrupt, need not be debt returned? I open a firm, lend a large number of money, but interest builds a flower, built say to invest compensate to go in, announce to apply for to go bankrupt next, did I earn in vain?
Wang Kunlu of office of 8 modest attorney's lawyer solves Yunnan:
The application after business failure goes bankrupt the asset that protection is pair of enterprises undertakes administrative, so that protect the interest of creditor, not be not to need pay off debt, business failure epigenesis establishs liquidation group, undertake repaying to debt.
Basis " law of business failure of People's Republic of China " go bankrupt the 113rd times belongings goes bankrupt in preferential pay off charge and in all after beneficial debt, according to is following and ordinal pay off:
(One) go bankrupt the wage that person place owes a worker and medical treatment, disable charge of accessorial, comfort and compensate a bereaved family, what owe ought to delimit insurance premium of the primary endowment insurance of worker individual account, primary medical treatment is used, and the filling indemnity; that regulation of law, administrative regulations ought to pay a worker
(2) be used except the social insurance premium beyond ditto regulation and go bankrupt what the person owes pay person place owes imposition;
(3) common go bankrupt creditor's rights.
Go bankrupt belongings can't pay off is same sequential pay off asks, according to prorata.
Go bankrupt the salary of thing of the trustee of the enterprise, inspect and senior administrator is calculated according to the average wage of this company worker.
Wang Kunlu's lawyer is analytic:
" law of business failure of People's Republic of China " court of the seventeenth people is accepted go bankrupt after application, the debtor of debtor or property holder ought to to debt of administrative person pay off or consign belongings.
The debtor of debtor or plan of the fund before property holder is disobeyed intentionally is directional debt of debtor pay off or consign belongings, make creditor gets losing, do not avoid liability of its pay off or the obligation of consign belongings.
Court of the 18th people is accepted go bankrupt after application, before to going bankrupt application is accepted, administrative person holds water and debtor and the opposing party all did not fulfill ending contract to the decision removes or authority continues to fulfill, notify a the opposing party. Administrative person goes bankrupt oneself the the opposing party did not notify inside 2 months since the day that application hears, perhaps receive a the opposing party to urge the day that announce to rise oneself 30 did not reply in a few days, regard as remove contract.
Administrative person decides to continue to fulfil a contract, the the opposing party ought to be fulfilled; But, the the opposing party has authority to ask to manage a person to offer assure. Administrative person is not offerred those who assure, regard as remove contract.
Yunnan lawyer of full-time of office of 8 modest attorney, hold the case has acted as agent a few cases during course of study, special be good at dispute of family of dispute of contract of creditor's rights dispute over obligation, economy, marriage; Hold the position of more than 10 companies early or late all the year round counsel, study company equity deep and write have relevant book.
