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Go ahead of the rest of Shenzhen special zone one pace, the individual goes bankrupt the law wants to come really!
On June 2, government-owned net releases standing committee of Shenzhen city National People's Congress " individual of Shenzhen special economic zone goes bankrupt byelaw (ask for an opinion to stalk of grain) " and about " individual of Shenzhen special economic zone goes bankrupt byelaw (ask for an opinion to stalk of grain) " specification.
It is reported, " ask for an opinion to stalk of grain " cent is 13 chapters, include general principles, application and accept, belongings of administrative person, debtor, go bankrupt charge and in all beneficial debt, creditor's rights is declared, creditor conference, reforming, reconcile, go bankrupt responsibility of liquidation, simple and easy program, law and supplementary articles, add up to 157.
" individual of Shenzhen special economic zone goes bankrupt byelaw (ask for an opinion to stalk of grain) " go bankrupt clearly liquidation suitable scope. Live in Shenzhen special economic zone, and attend Shenzhen society safe and successive full natural person of 3 years, because production is managed, life consumption causes asset can't total debt perhaps lacks pay off apparently of pay off ability, this byelaw undertakes according to go bankrupt to liquidate or reconcile.
The money before debtor is accorded with sets condition, but future has what can expect income, can this byelaw undertakes according to reforming. The spouse of the debtor of before two regulations, can at the same time this byelaw applies for according to go bankrupt liquidation, reconcile or reforming.
Fund gentleman was arranged among them a few points, learn reference for everybody.
1, why legislative?
Go bankrupt from abroad in light of system development course, cutting the base that produces a system and source is the individual goes bankrupt system, the country with more mature progress of economy of on the world a few markets and area if area of the country such as England, United States, Germany, Japan and our country Hong Kong, Taiwan made an individual go bankrupt the legal laws and regulations of the respect. Accordingly, from build an individual to go bankrupt system proceed with, perfect our country goes bankrupt system, be helpful for realizing market main body to exit regular system and international to conform, compose is built complete contemporary go bankrupt system and market quit a system, build the stable, fair, transparent, international that can anticipate to rule by law first-rate environment of the business that spend camp.
2, take the lead in building an individual to go bankrupt system, it is sound market exits a mechanism, arouse the need of the competition ability of business victim body and creativity
Up to by January 2020, the trade issue main body that create is registered to already amounted to 3.298 million in Shenzhen, among them individual and industrial and commercial door 1.236 million, occupy than for 37.5% .
Besides, the trade issue principal part that still has many ego employ with small business, cable business, free profession person wait for a form to exist. Because the individual goes bankrupt,the system is short of for a long time break, once body of victim of this part business incurs market risk, need with individual name burden infinite debt liability, cannot obtain as equal as the enterprise go bankrupt protection, cannot come true from the market exit and second birth.
Accordingly, build perfect individual to go bankrupt system, for honesty but the follow-up safeguard that sad market principal part provides experience debt crisis, the person that can do poineering work for the individual removes trouble back at home, stimulative innovation does poineering work, bring new vitality and development motive force for socioeconomy, also be the inevitable choice that safeguard Shenzhen economy stabilizes high quality to grow continuously.
3, the individual goes bankrupt the be short ofing of the system broke the illegal financing channel such as old-style Chinese private bank of usurious, underground to create vivosphere.
Suffer effects of all sorts of social history element, debt often is regarded to be family, enterprise or the collective responsibility of the organization, mirror in specific finance practice, no matter be enterprise or individual regard business victim as body, financial orgnaization or financing loan often just asks operator with the individual or domestic worth serves as assure.
Because the individual goes bankrupt,the be short ofing of the system is broken, risk of battalion of already of look forward to transfers individual and family indefinitely from this, broke through legal person finite responsibility principle and spirit of contemporary company system, also waited for illegal financing channel to create vivosphere to old-style Chinese private bank of usurious, underground at the same time.
Accordingly, build an individual to go bankrupt system, can the responsibility that clear casing of effective a unit of monthly interest rate decides market main body to assume a risk, make financial orgnaization perfect credit to evaluate zephyr danger to prevent control to spend in order to increase the value of financial activity; Can guide enterprise and social community to enhance the knowledge of pair of credit value, in be as good as one's word of the honesty in social association and economic activity, follow rules, be driven thereby and perfect social credit system build.
4, utmost removes the trouble back at home of the person that do poineering work
Build an individual to go bankrupt system, want utmost to remove the trouble back at home of the person that do poineering work, arouse the poineering passion of market main body, encourage innovation, good-tempered failure, let poineering innovation become Shenzhen economy to develop the most primary impetus continuously.
5, can you be in debt to be not returned later? Either
Relieving is the individual goes bankrupt the meaning with the most substaintial system and attribute. The individual goes bankrupt the system comes up from some kind of meaning say, the debtor that is for honesty misfortune offerred a kind to be able to expect, calculable safeguard. Accordingly, the individual goes bankrupt the basic value that legislation should establish directs is, have the debtor of honest be as good as one's word only, when be immersed in debt crisis unfortunately, ability obtains an individual to defeat the protection that produces a system, help its come out from the disengagement in debt crisis, participate in socioeconomy activity afresh, create more wealth.
And escape to those ill will debt perhaps is carried out go bankrupt con debtor, cannot dodge the creditor through going bankrupt not only, try to prevent and punish through legal measure even.
6, individual of application of what person ability goes bankrupt?
Live in Shenzhen special economic zone, and attend Shenzhen society safe and successive full natural person of 3 years, because production is managed, life consumption causes asset can't total debt perhaps lacks pay off apparently of pay off ability, this byelaw undertakes according to go bankrupt to liquidate or reconcile. This the regulation basically considers the following factors:
It is, because produce,the debt condition demarcate that goes bankrupt application is manage and life consumption is brought about endowment not pay a debt in kind or by labour perhaps lacks pay off capacity apparently, if be to break the law,manage excessive perhaps spending to bring about cannot of pay off debt, cannot applicable this byelaw.
2 be, shenzhen is emigrant city, live actually population amount is head and shoulders above amount of census register population. Regard a special zone as legislation, ought to live those who satisfy certain requirement actually population brings into suitable scope, namely the individual participates a society safe and successive full 3 years, already made certain contribution for progress of special zone economy, and the belongings related to its is registered, the information such as social security is perfected basically already. Accordingly, byelaw with " live in Shenzhen special economic zone, and attend Shenzhen society safe and successive full natural person of 3 years " as applicable object.
3 it is husband and wife what go bankrupt jointly is applicable. Consider husband and wife is collective the close and associated sex of belongings, if the one party in husband and wife already was in Shenzhen to enter an individual,go bankrupt program, its spouse also applies for an individual to go bankrupt, OK and amalgamative cognizance, and the condition that asks other one party accords with living ground and pay social security no longer.
7, the person that how can creditor just apply for be in debt goes bankrupt?
" ask for an opinion to stalk of grain " regulation, perhaps be opposite jointly alone debtor hold 500 thousand yuan of above expire the application that the creditor of creditor's rights can offer to undertake bankrupt liquidating to debtor to people court.
8, how be in debt intentionally to still do not do?
" ask for an opinion to stalk of grain " through a series of systems the design avoids ill will to escape debt:
It is go bankrupt to having the debtor of fraudulent action, do not allow its applicable go bankrupt avoid duty regular, investigate its law duty even at the same time. " ask for an opinion to stalk of grain " set the liability that does not grant to absolve, do not grant to avoid duty behavior, lengthen avoid duty make an on-the-spot investigation period, cancel is avoided duty wait for a system, be on guard in order to come true to go bankrupt with chasten the purpose of fraudulent action;
2 it is the condition that rigid limitation remits a debt, namely only debtor declares belongings according to the facts, follow honest credence principle, transfer property actively and cooperate to deal with, fulfill should do one's duty, abide by relevant behavior to restrict a decision, ability obtains residual liability absolve lawfully;
3 it is to will remit a debt person debt and the node set that remove to be limitation to going related its are avoid duty make an on-the-spot investigation period when adjudication of and rather than of at the expiration of one's term of office, and installed relatively longer avoid duty make an on-the-spot investigation period;
4 it is to stipulate debtor goes bankrupt through the individual obtain debt to avoid duty interest while, will be faced with go bankrupt the limitation that loses power, be restricted by the relevant behavior of all many sided such as qualification of consumption, profession, income allocation; The pertinent information that the individual goes bankrupt can be pushed in time send communal credit information the system, concerned unit, individual can inquire lawfully use.
5 it is to build encourage pay off system to ensure creditor rights and interests, be in namely avoid duty make an on-the-spot investigation period inside, it is certain that debt of the rest of active pay off achieves debtor proportional, can end ahead of schedule avoid duty make an on-the-spot investigation period
9, there also is restriction after the individual goes bankrupt, must not high spending
" ask for an opinion to stalk of grain " the 19th, the 20th basically consumes behavior and limitative profession qualification from limitation two sides are right behavior makes limitation related debtor.
Behavior respect is consumed in limitation, basically consulted " top people court is carried out about limitation a certain number of regulations of person high spending " develop a case according to economic society and adjust somewhat.
In respect of limitative profession qualification, the regulation is accepted from people court go bankrupt make to people court since the day of application remit a debt the day of the ruling of debt of person the rest stops, debtor must not be held the position of appear on the market company, blame appears on the market thing of the trustee of public company and financial orgnaization, inspect and senior administrator job, must not pursue the profession that law, administrative regulations prohibits be engaged in.
10, what belongings is OK is exempt used at repay a debt?
Exempt belongings namely need not the debtor belongings at pay off debt. Exempt property system is the individual goes bankrupt one of systems with peculiar system. " ask for an opinion to stalk of grain " basically provide exempt property system from two respects:
It is " ask for an opinion to stalk of grain " the 46th the first limits that the paragraph made clear exempt belongings. In the meantime, stem from fair consideration, set the 2nd, did retrorse restriction to exempt belongings limits, namely " before the worth that the paragraph provides, value is greater, need not violate fair principle apparently at pay off debt, do not maintain for exempt belongings " .
2 be " ask for an opinion to stalk of grain " the firm order of belongings of the 47th clear exempt. Above all, to management by debtor the person refers belongings to declare report and exempt belongings detailed list; Next, administrative person is in charge of investigating report of property of the debtor that make, offer an opinion to detailed list of debtor exempt belongings, refer creditor conference to vote; Again, exempt belongings detailed list did not obtain creditor conference to vote pass, by people court ruling.
Why does Shenzhen drive an individual so pressingly to break the broken ice that produces a system?
Up to byn.
The 21st [go bankrupt tell obligation] accept from people court go bankrupt make to people court since the day of application remit a debt the day of the ruling of debt of person the rest, debtor gets loan of 1000 yuan of above or line of credit, ought to go bankrupt to lender or him statement of the person that give a letter state.
The 22nd [debtor is compulsory] accept from people court go bankrupt make to people court since the day of application remit a debt the day of the ruling of debt of person the rest, debtor ought to assume following obligation:
(one) the reason that complete, actual state goes bankrupt and course;
(2) provide the data such as the detailed list related to debt of individual income, belongings, creditor's rights, proof;
(3) appropriate is custodial debtor belongings, cooperate supervisory belongings check, take-over;
(4) cooperate people court, go bankrupt office management branch and supervisory investigation inquiry;
(5) conference of creditor of attend as a nonvoting delegate answers creditor inquiry according to the facts;
(6) individual identity information, telephone number, commonly used address happens when changing, seasonable report manages a person;
(7) permit without people court, must not leave the country;
(8) cooperate people court, go bankrupt office management branch and administrative person are begun with go bankrupt the other job that the program concerns.
The interests person such as person of the close relative of the spouse of debtor, collective life, property management ought to assist people court or the fundamental condition of debtor of administrative person investigation, income reachs belongings state.
The 23rd [debtor belongings declares obligation] since the day that debtor ought to hear ruling service from people court oneself and spouse, minor children declares according to the facts inside 15 days following belongings circumstance:
(one) income of wage income, service, bank deposit, cash, small letter and pay the tripartite such as treasure to pay platform account the cash such as capital of account of accumulation fund of capital, housing kind asset;
(2) the circumstance that invest or waits with stock of other way hold, fund, investment insurance and other economy product;
(3) the blame outside investing churchyard appears on the market company of Inc. , finite liability, register individual and industrial and commercial door, the individual is solely invested the circumstance such as enterprise, partnership business;
(4) the share out bonus that collective economy organizes, fiducial be benefited the property rights and interests such as authority, intellectual property;
(5) all or mutual land access, building praedial;
(6) the movables such as equipment of traffic carriage tool, machine, product, raw material;
(7) civil play calligraphy and painting, individual to collect wait for valuable;
(8) debtor is based on successive, donative, generation to hold the property rights and interests that waits to be enjoyed lawfully;
(9) the property rights and interests that debtor has reason to advocate;
(10) debtor is going bankrupt the belongings that before accepting, can expect or property rights and interests;
(11) debtor obtains outside the condition this (one) to (10) formulary belongings and property rights and interests;
(12) other have deal with the belongings of value.
The 24th [debtor belongings declares obligation] this byelaw sets debtor according to the 23rd times the belongings that declare has one of following state, ought to explain along with all the others when declare:
(one) grow up for debtor children is all, but this children is still minor when obtaining;
(2) debtor property is rental already, already established assure the right burden such as matter right, perhaps put in mutual, authority to belong to the case such as controversy;
(3) the movables of debtor is had by the 3rd person;
(4) property right of the praedial, specific movables of debtor, other money register in under one's name of the 3rd person.
The 25th [debtor belongings is fluctuant the report is compulsory] accept from people court go bankrupt of application a few days ago inside 3 years, debtor belongings hair is delivered of a row to change, debtor ought to declare along with all the others:
(one) donative, make over, rental property;
(2) establish on belongings assure the right burden such as matter right;
(3) abandon creditor's rights perhaps lengthening creditor's rights pay off period;
(4) defray 50 thousand yuan of above are big capital;
(5) break up because of divorce and producing property;
(6) other property is fluctuant circumstance.
The 26th [prohibit individual pay off and exception] people court is accepted go bankrupt after application, debtor does not get debt of pair of individual creditor pay off, but it is normal that individual pay off makes debtor belongings is benefited to perhaps belong to debtor the except with life indispensible place.
The 27th [pay off of the 3rd person and consign] people court 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, do not avoid liability of its pay off or the obligation of consign belongings; Cause creditor losing, ought to give compensation.
The 28th [the contract is fulfilled] people court is accepted go bankrupt after application, before administrative person applies for to accept to going bankrupt, hold water but debtor and the opposing party all did not fulfil ending contract, decision having right removes or continue 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.
The 29th [freeze effectiveness automatically] people court is accepted go bankrupt after application, of concerned debtor belongings conserve measure ought to remove, executive program ought to break down.
Thirtieth [the subrogation with arbitral lawsuit] people court is accepted after going bankrupt to apply for and designate administrative person, the civil suit that had begun and has not involve debtor property right terminatively is arbitral perhaps, ought to attend for you by administrative person, but the except that law has a regulation additionally.
Thirtieth [derive lawsuit to center administer] people court is accepted go bankrupt come since the day of application go bankrupt the day with terminative program, involve the civil suit of debtor property right, ought to to accept go bankrupt the people court of application mentions.
Thirtieth 2 [special and applicable - debtor dies] people court is accepted go bankrupt after application, debtor dies, according to stipulates to its belongings undertakes take-overing related this byelaw, appraise at the current rate and after allocating, by people court terminative go bankrupt program.
Thirtieth 3 [information makes public node] except lawfully outside the information of underground, go bankrupt office management branch ought to make public debtor in time to go bankrupt plan of state of report of application, property, creditor's rights, liquidation or reforming plan, avoid duty make an on-the-spot investigation wait for pertinent information, for concerning unit and individual to inquire lawfully.
The 3rd chapter manages a person
Thirtieth 4 [administrative person competence] administrative person by the individual or the orgnaization is held the position of.
The lawyer, individual that registers accountant to have the professional aptitude such as law, accountant, finance with etc or the intermediary that establish lawfully serve an orgnaization, via going bankrupt office management branch checks qualification, can hold the position of administrative person.
Supervisory is specific run way, make by city people government.
Thirtieth 5 [must not hold the position of supervisory case] individual or the orgnaization has one of following state, must not hold the position of administrative person:
(one) because intended crime has sufferred criminal punishment;
(2) ever by revoke relevant major hold industry letter;
(3) have interests with the case;
(4) people court, go bankrupt office management branch thinks to should not be hold the position of supervisory other state.
Thirtieth 6 [go bankrupt office management branch] city people government goes broke office management branch ought to fulfil following obligation:
(one) put forward an individual to go bankrupt choice of persons of case management person;
(2) management, supervise, safeguard management person walks on job action;
(3) investigation processing goes bankrupt to be mixed false relevant illegal behavior;
(4) build perfect go bankrupt information publishs a system;
(5) offer go bankrupt to general affairs seeks advice and help a service;
(6) other carry out concerned duty with this byelaw.
Thirtieth 7 [administrative person is supervised] this orders provision carries out administrative person according to post, accept people court, go bankrupt of conference of office management branch, creditor and loan committee supervise.
Manage a person ought to conference of creditor of attend as a nonvoting delegate, to creditor conference report post carries out a circumstance, answer an inquiry.
Thirtieth 8 [administrative person changes] creditor conference thinks to manage a person cannot lawfully, just executive post perhaps has state of other insufficient job, can apply for people court to give change.
Thirtieth 9 [administrative person duty] administrative person ought to fulfil following obligation:
(one) the fundamental condition that investigation verifies debtor and person of its place bring up;
(2) take-over to reach the data such as detailed list of creditor's rights debt with the belongings detailed list related debtor belongings state, proof;
(3) state of investigation debtor belongings and accept the worth that goes bankrupt before the sun of application rises 3 years fluctuant circumstance, belongings of the debtor that make reports;
(4) the opinion that offers range of pair of debtor exempt belongings, investigation, take-over debtor can offer distributive property;
(5) protocol debtor belongings distributes program, allocate via after creditor conference is passed, be being carried out;
(6) attend the lawsuit that involves debtor property, arbitration on behalf of debtor other perhaps the activity that needs to attend by debtor lawfully;
(7) offer to hold creditor meeting;
(8) management, supervise, assist what individual reforming plans to carry out;
(9) to debtor avoid duty apply for to issue written report;
(10) investigation checks debtor to whether have violate the act that sets related this byelaw;
(11) investigation checks debtor to whether have ought to cancel is avoided duty case;
(12) unfreeze debtor is made in the court after the decision of relevant behavior, harmonious concerned unit removes the limitative measure to debtor;
(13) this orders provision and people court, go bankrupt the other responsibility that office management branch needs to manage a person to fulfill.
The 40th [administrative person investigates authority] administrative person can be held appoint administrative person to decide a book to be superintended to Wu of public security, civil administration, social security, duty, market wait for the branch and finance, orgnaization that sign a letter to be moved lawfully take debtor pertinent information data, concerned branch and orgnaization ought to assist investigation. When necessary, administrative person can apply for people court to sign and issue investigation to make.
The 41st [administrative person reports a case to the security authorities] administrative person discovers what personnel existence is suspected of crime case debtor, creditor is other perhaps and relevant in process carry out duty, ought to report in time to concerned mechanism.
The 42nd [administrative person diligence is compulsory] manage a person ought to assiduous and responsible, true executive place.
The 43rd [the license that manages person abdication] administrative person does not get Wu of demit no longer hold the post without warrant. Wu of no longer hold the post of administrative person demit perhaps ought to go bankrupt via creditor conference office management branch agrees, submit to people court decision.
The 44th [administrative person pay] this byelaw fulfills administrative person according to the individual goes bankrupt case management responsibility, authority wins corresponding pay.
Administrative person ought to according to concerns a provision, to go bankrupt belongings can't pay go bankrupt the case of charge is offerred go bankrupt clerical commonweal serves.
Belongings of debtor of the 4th chapter
The 45th [debtor belongings limits] go bankrupt the total worth that debtor belongs to when application is accepted, for debtor belongings.
Debtor goes bankrupt oneself after application is accepted, come obtain a ruling to avoid duty before taking property, also ought to use at pay off debt.
The property that the 46th regulation can retain this byelaw is debtor according to exempt belongings, except the insolvency outside exempt belongings belongings all is used at pay off debt.
The 46th [exempt belongings limits] following belongings belongs to exempt belongings:
(one) the requisite of debtor and life of person of its place bring up, medical treatment, study and reasonable maintenance;
(2) the goods that for the profession development needs to must be withheld is reasonable perhaps charge;
(3) the article that has sense of special commemoration day to debtor;
(4) decoration is other perhaps commend honorary article;
(5) the person that does not have cost of money is safe;
(6) gold of insurance of the person damages that belongs to debtor only, society and gold of lowermost life safeguard;
(7) other law, code perhaps is based on according to the property that Gong Xuliang common ought not to use at pay off debt.
The worth that the paragraph provides before, value is greater, need not violate fair principle apparently at pay off debt, do not maintain for exempt belongings.
The 47th [the firm order of exempt belongings] debtor perhaps should be received when application goes bankrupt go bankrupt since the day that hears ruling book belongings is referred to declare report and exempt belongings detailed list inside 15 days.
Since the day that runs a person to ought to refer belongings to declare in debtor report of property of the debtor that make is investigated inside 30 days, offer an opinion to detailed list of debtor exempt belongings, refer creditor conference to vote. Exempt belongings detailed list did not obtain creditor conference to vote pass, by people court ruling.
The 48th [the property that is used at pay off debt certainly] people court according to this byelaw the 45th, the 46th, the 47th regulation, after the ruling affirms limits of debtor exempt belongings, administrative person ought to take-over belongings of debtor the others. But, this byelaw the 93rd except that has a regulation additionally.
The 49th [the cancel of undeserved belongings punish] the applicant mentions go bankrupt before application 3 years inside, involve the following punish action of debtor belongings, administrative person has authority to request people court to give cancel:
(one) free transfers property;
(2) do business with apparently unreasonable price;
(3) assure to offerring property without the debt that belongings assures;
(4) shift to an earlier date to undue debt pay off;
(5) abandon creditor's rights.
Fiftieth [the cancel of behavior of biasedding pay off] the applicant mentions go bankrupt inside before application 6 months, debtor still undertakes pay off to individual creditor, administrative person has authority to request people court to give cancel, but individual pay off makes debtor belongings is benefited or debtor lives normally an indispensible except.
Fiftieth one [invalid behavior] the following action that involves debtor property is invalid:
(one) hide to dodge the creditor, transfer property;
(2) dummy debt perhaps admits truthless liability.
Fiftieth 2 [recover property] because of this byelaw the 49th, fiftieth, fiftieth the behavior of a regulation and the belongings of taking debtor, administrative person has authority to recover.
Fiftieth 3 [resumptive simple thing, content taking place] people court is accepted go bankrupt after application, administrative person perhaps can offer what accept for creditor to assure through pay off debt, resumptive simple thing, content taking place.
The pay off liability that the paragraph sets before perhaps is replaced assure, the value that perhaps takes buy matter in simple thing under the creditor's rights forehead that is assured when, with this simple thing perhaps takes buy matter the vendibility in the limit of at that time.
Fiftieth 4 [resumptive authority] people court is accepted go bankrupt after application, the property that debtor owns does not belong to debtor, the obligee of this belongings can pass management the person is resumptive. But, this byelaw has formulary except additionally.
Fiftieth 5 [resumptive the content in road sign] people court is accepted go bankrupt when application, sell a person already the content business bid to the debtor shipment that serves as vendee, debtor had be notted receive and of not paid and total cost, sell a person OK and resumptive the content of the mark in movement way. But, administrative person can pay total cost, the request sells the thing of person pay mark.
Fiftieth 6 [countervail counterpoises] creditor is going bankrupt debt has to debtor before application is accepted, can advocate countervail to administrative person. But, those who have one of following state, do not get countervail:
(one) the debtor of debtor is going bankrupt other is acquired after application is accepted of the creditor's rights to debtor;
(2) foregone debtor has loan cannot pay off expires debt perhaps goes bankrupt the fact of application, to debtor burden debt, but, because law sets or creditor has go bankrupt the account that application produces before New Year and the except of burden debt;
(3) foregone debtor has the debtor of debtor cannot pay off expires debt perhaps goes bankrupt the fact of application, obtain creditor's rights to debtor, but, because law sets or the debtor of debtor has the except that goes bankrupt to obtain creditor's rights what before applying for one year, produce consequently formerly.
The 5th section goes broke charge and in all beneficial debt
Fiftieth 7 [go bankrupt charge] people court is accepted go bankrupt the following cost that produces after application, to go bankrupt charge:
(one) go bankrupt the litigant expenses of the case;
(2) management, appraise at the current rate and the cost that allocate debtor belongings;
(3) the cost that runs a person to carry out a post, pay;
(4) administrative person is being dealt with go bankrupt the other and reasonable cost that produces in the case.
Fiftieth 8 [in all beneficial debt] people court is accepted go bankrupt the following liability that produces after application, for in all beneficial debt:
(one) because manage a person or the debt that debtor requests a the opposing party to fulfill both sides to all did not fulfill ending contract place to arise;
(2) debtor belongings suffers the debt that because manage a generation,does not have;
(3) the liability that because debtor is undeserved,benefit place produces;
(4) executive job of relevant perhaps staff sends administrative person the debt that the person damages a generation;
(5) the debt that debtor belongings incurs a person to damage a generation.
Fiftieth 9 [go bankrupt charge and in all the pay off of beneficial debt is ordinal] go bankrupt charge and in all beneficial debt by go bankrupt belongings at any time pay off.
Can offer distributive property can't pay off is all go bankrupt charge and in all of beneficial debt, pay off of go ahead of the rest goes bankrupt charge.
Can offer distributive property can't pay off is same all sequential insolvency charge or in all of beneficial debt, according to scale pay off.
Creditor's rights of the 6th rule is declared
The 60th [creditor right] people court is accepted go bankrupt the creditor that creditor's rights enjoys to debtor when application, the program exercise right that this byelaw provides according to.
The 61st [creditor's rights declares time] people court is accepted go bankrupt after application, ought to decide creditor declares the time of creditor's rights.
Initiative cloth hears the time that creditor declares creditor's rights go bankrupt the computation since the day that applies for announcement, the shortest must not little at 30 days, the longest must not exceed 60 days.
The 62nd [creditor's rights expires with stop plan interest] undue creditor's rights, going bankrupt when application is accepted, regard as expire. The creditor's rights that adds interest goes bankrupt oneself when application is accepted, rise stop plan interest.
The 63rd [of pendency creditor's rights declare] creditor can declare the creditor's rights that adds the condition, creditor's rights that adds time and lawsuit, arbitral pendency.
The 64th [creditor's rights is declared] creditor ought to declare deadline introversion to manage a person to declare creditor's rights in what people court decides. Because creditor cannot return duty did not declare creditor's rights at the main content of oneself, since the day that ought to eliminate in this main content creditor's rights is declared inside 10 days.
Individual and industrial and commercial the salary of a member that debtor place owes employ person and medical treatment, disable charge of accessorial, comfort and compensate a bereaved family, include to ought to delimit the primary endowment insurance of account of employ personnel individual, primary medical treatment is sure to wait for social insurance premium to use, and the compensation gold that ought to pay employ personnel lawfully, need not declare, after by management the person is investigated, listed detailed list gives fair show. Employ personnel disagrees to detailed list account, can ask administrative person corrects; Administrative person does not grant to correct, employ personnel is OK to people court to lodge a complaint.
The 65th [declare a requirement] when creditor declares creditor's rights, ought to the amount of written specification creditor's rights and have assure without belongings, submit concerned evidence. The creditor's rights that declare belongs to related creditor's rights, ought to give specification.
The 66th [implicative creditor is declared] implicative creditor is OK by among them one person declares creditor's rights on behalf of all implicative creditor, also can declare creditor's rights jointly.
The 67th [the authority that beg countervail is declared] the sponsorial other perhaps and implicative debtor of debtor has replaced debt of debtor pay off, declare creditor's rights to the authority begging countervail of debtor with its.
The sponsorial other perhaps and implicative debtor of debtor has not replace debt of debtor pay off, be opposite with its of debtor beg countervail authority to declare creditor's rights in the future. But, creditor has declared the except of total creditor's rights to administrative person.
The 68th [related creditor's rights is declared] the several people in implicative debtor are ruled applicable of the program that this byelaw sets, its creditor has authority to go bankrupt in each respectively with respect to total creditor's rights creditor's rights is declared in the case.
The 69th [remove of the contract declare] administrative person or this byelaw sets debtor according to remove of the contract, the the opposing party can remove with the contract the damages request authority of a generation declares creditor's rights.
The 70th [depositary is declared] debtor serves as the client that entrusts a contract, be ruled applicable the program that this byelaw sets, depositary does not know this fact, continue to handle those who commend work, depositary can request authority to declare creditor's rights with what arise accordingly.
The 71st [drawee is declared] debtor regards bill as remitter, be ruled applicable the program that this byelaw sets, the drawee of this bill continues pay or of accept, drawee can request authority to declare creditor's rights with what arise accordingly.
The 72nd [undeclared is sequential] the creditor's rights that decides in people court declares time inside, because blame cannot return duty the reason at oneself, creditor did not declare creditor's rights, do not get the program exercise right that this byelaw provides according to.
Advanced money inside time limit, creditor did not declare creditor's rights, can going bankrupt belongings allocates finally or reforming plan carries out the complement before ending to declare; But, already allocated before this or implement ending part, fill to match adequately to its no longer.
Creditor is going bankrupt belongings allocates finally or individual reforming plan carries out what creditor's rights still did not declare before ending, debtor assumes pay off responsibility no longer, but debtor know and not the cannot absolve debt exception that account provides the 136th times with this byelaw at debt detailed list.
Declare the charge of creditor's rights to examine and affirm complement, the creditor that declares by complement is assumed.
The 73rd [work out creditor's rights is expressed] after administrative person receives creditor's rights to declare material, ought to register tabulation, undertake checkup to the creditor's rights that declare, weave creditor's rights is expressed.
The 74th [interests person consults authority] report of debtor belongings state, creditor's rights declares person of resolution of conference of material, creditor, loan commission resolution, management to supervise the relevant data such as the report to be saved by administrative person, consult for creditor and interests person. Administrative person does not grant to offer without warrant, consult the person can request people court to make a decision; People court ought to make a decision inside 5 days.
Money data involves commercial secret before, consult the person ought to assume confidential obligation to perhaps sign confidential agreement lawfully. Involve individual privacy or of national secret, law sets processing related according to.
The 75th [creditor's rights is checked] this byelaw sets according to the 73rd times the creditor's rights watch of the work out, administrative person ought to refer all creditor to check.
The creditor's rights that debtor, creditor carries to creditor's rights souvenir all consentient, affirm by people court ruling.
Debtor, creditor expresses the creditor's rights of account to disagree to creditor's rights, person of 15 days of introversion management since the day that ought to get creditor's rights to express oneself refers demur book and show reason and relevant basis. Via running person check, demur person still disaffected, 15 days of introversion after ought to receiving opinion of administrative person check oneself are accepted go bankrupt the people court to lodge a complaint of application.
Conference of creditor of the 7th chapter
The 76th [creditor conference member] the creditor that declares creditor's rights lawfully is creditor conference member, have power attends creditor meeting and exercise right to vote.
The 77th [exercise of right to vote] the loan that creditor's rights has not determine, can be its exercise right to vote except people court and determine creditor's rights specified amount temporarily outside, do not get exercise right to vote.
Enjoy to the specific belongings of debtor assure the creditor of authority, did not abandon preferential right sufferring countervail, to going bankrupt belongings allocation plan does not enjoy right to vote.
Creditor is OK the attorney attends creditor meeting, exercise right to vote. The agent of creditor attends creditor meeting, ought to submit the accredit proxy of creditor.
The 78th [creditor conference chairman] creditor conference can set one person of chairman, appoint from the creditor's rights philtrum of with a right to vote by people court.
Creditor conference chairman chairs creditor meeting.
The 79th [creditor conference powers and authorities of office] creditor conference exercise is following powers and authorities of office:
(one) the creditor's rights that check;
(2) supervisory management person;
(3) courtyard of applicant civil code changes administrative person;
(4) examine supervisory charge and pay;
(5) anthology allow and change loan committee member;
(6) plan through reforming;
(7) run program through debtor belongings;
(8) define program through exempt belongings;
(9) distribute program of property appraise at the current rate through can be being offerred;
(10) distribute belongings allocation program through can be being offerred;
(11) pass the income outside anticipating to distribute program;
(12) the any other business that thinks to ought to be decided by creditor conference with respect to people court makes resolution.
Creditor conference ought to form the conference to record to what discussing the resolution of item.
The 80th [loan committee] creditor conference can decide to establish loan committee. Loan committee represents composition by creditor of creditor conference elective. Loan committee member is odd number and must not exceed 9 people.
Loan committee member ought to via people court written decision is approbated.
The 81st [debt appoint the powers and authorities of office of the meeting] loan committee exercise is following powers and authorities of office:
(one) the management of supervisory debtor belongings and punish;
(2) supervise can offer those who allocate belongings to allocate;
(3) offer to hold creditor meeting;
(4) creditor conference precatory is other powers and authorities of office.
When loan committee carries out a post, requirement having right manages person, debtor to make a specification perhaps provide concerned data to the general affairs inside its limits of one's functions and powers.
Administrative person, debtor disobeys this orders provision to reject those who supervise to accept, loan committee has authority to request people court to make a decision with respect to supervisory item; People court ought to make a decision inside 5 days.
The 82nd [report debt appoint meeting] administrative person carries out following behavior, ought to reach times to tell loan committee:
(one) involve the property rights and interests such as land, building, intellectual property make over;
(2) loan;
(3) set belongings assures;
(4) the cession of creditor's rights and negotiable securities;
(5) fulfill debtor and the opposing party to all did not fulfil ending contract;
(6) nonuser;
(7) assure of content resumptive;
(8) the action of other property punish that has major effect to loan interest.
Did not establish loan committee, the act that administers provision of the section before the person is carried out ought to reach times to tell people court.
The 83rd [creditor conference is held] conference of first time creditor is called together by people court, since the day that declares deadline at the expiration of one's term of office from creditor's rights hold inside 15 days.
Conference of the following creditor, think in people court when necessary, perhaps run committee of person, loan, hold creditor's rights total when the creditor of 1/4 above offers, hold.
The 84th [announcement creditor] hold creditor meeting, administrative person ought to shift to an earlier date 15 days to inform foregone creditor.
The 85th [vote regular] the resolution of creditor conference, agree by the creditor more than half of the with a right to vote that attends the meeting, and the creditor's rights forehead of its place delegate is occupied assure without belongings the 1/2 above of creditor's rights amount is passed.
Creditor thinks the resolution of creditor conference is lawbreaking regulation, harm its interest, the day that can make resolution from creditor conference rises 15 days inside, cancel of ruling of request people court this resolution, instruct creditor conference to make resolution afresh lawfully.
The resolution of creditor conference has sanction to all creditor's rights average per capita.
The 86th [the processing that plan did not pass] program of debtor property government, can distribute program for allocating plan of property appraise at the current rate, cent, classics creditor conference votes did not obtain pass, by people court ruling, announce on creditor conference or inform creditor separately.
The 87th [to the ruling reconsider] creditor the ruling disaffected that to people court according to this byelaw makes the 86th times, application of this people court reconsiders 15 days of introversion since the day that perhaps can get ruling book from the day that the ruling announces. The ruling does not stop to carry out during reconsidering.
Reforming of the 8th chapter
The 88th [application reforming] debtor is OK this byelaw sets according to, apply for reforming to people court directly.
Accept pair of debtor in people court go bankrupt before clearing application hind, suspend payment, debtor also can apply for reforming to people court.
The 89th [reforming plans draft] debtor applies for reforming, ought to put forward reforming to plan draft.
Before people court accepts reforming to apply for, creditor and debtor are reached with respect to reforming plan draft consistent, content of reforming plan draft need not be revised or courtyard of person civil code thinks to modify content via examining not of derogation loan interest, debtor can plan this reforming draft to refer creditor conference to undertake voting.
Have on the building that debtor and person of its place bring up live not the building guaranty that pay off ends borrows money, debtor can mortgage with respect to this with mortgage loan the content such as deadline of the capital of loan, accrual, pay off and means reachs domestic house mortgage loan program, the component that regards reforming as plan draft is referred along with all the others.
The 90th [reforming hearing of witnesses] people court can organize debtor, foregone creditor to wait undertake hearing of witnesses is investigated, main following item undertakes:
(one) the basic case that investigates debtor;
(2) the asset that investigates debtor, indebted state;
(3) the lawful sex that examines reforming to plan draft and feasibility.
The 91st [ruling reforming] people court thinks via examining reforming applies for to accord with this byelaw to set, reforming plan draft is lawful, feasible, ought to rule debtor reforming, give announcement.
The 92nd [during reforming] reforming program reachs since the day of reforming of debtor of people court ruling oneself terminative, during be reforming.
The 93rd [proper motion management] during reforming, debtor can supervise money of next proper motion government to produce in supervisory with business general affairs.
Need to manage a person to take-over truly debtor belongings and of business general affairs, classics creditor perhaps runs person application, by people court decision.
The 94th [assure authority suspends exercise] during reforming, enjoy to the specific belongings of debtor assure authority, and this belongings needs for reforming place, should assure authority suspends exercise. But, assure content has damage or value is overt reductive is likely, enough harm assures of benefit of power human rights, assure right person can request to restore exercise to assure to people court authority.
During reforming, debt increases its future income artificially and of loan, can think this loan set assures.
The 95th [other belongings is resumptive] debtor owns other property legally, the obligee of this belongings asks during reforming resumptive, ought to accord with the condition that agrees beforehand.
The 96th [terminative reforming program] during reforming, have one of following state, person of manage of be in charge of or interests person request, people court ought to rule terminative reforming program, proclaim debtor goes bankrupt:
(one) debtor belongings state continues to worsen, lack the possibility of reforming;
(2) debtor has con, ill will to reduce debtor belongings to perhaps have other and remarkable the behavior that goes against creditor;
(3) because the behavior of debtor causes government,the person cannot carry out a post.
The 97th [reforming plans content] reforming plan draft ought to include following content:
(one) creditor's rights classification;
(2) the liability that cannot avoid;
(3) creditor's rights adjusts plan;
(4) creditor's rights accepts countervail plan;
(5) the allocation of the income outside anticipating;
(6) the executive time that reforming plans;
(7) the other measure that is helpful for debtor reforming.
The 98th [the requirement that reforming plans] reforming plan draft ought to accord with following requirement:
(one) pay off deadline does not exceed 3 years, and every time pay off interval must not exceed 3 months;
(2) enjoy to specific belongings assure the creditor's rights of authority with respect to this specific belongings will obtain sum pay off, the loss that its suffer because of place of delay pay off will receive fair compensation, and its assure authority was not damaged by materiality;
(3) congener creditor's rights gives fair pay off;
(4) pay off order is accorded with go bankrupt the legal pay off that clears an order is ordinal;
(5) pay off scale is not gotten under go bankrupt the pay off scale below liquidation condition.
Creditor abandons its right of one's own accord, the money before need not sufferring sets restriction.
ninety-nine [vote in group] the creditor meeting that the creditor of following and of all kinds creditor's rights attends discussion reforming to plan draft, plan draft to undertake voting to reforming in group:
(one) enjoy to the specific belongings of debtor assure the creditor's rights of authority;
(2) debtor owes cost of paid solatium, alimony, bring up and the damages that belong to person to recoup a portion only to wait;
(3) individual and industrial and commercial a wage that debtor place owes employ personnel and medical treatment, disable charge of accessorial, comfort and compensate a bereaved family, include to ought to delimit the primary endowment insurance of account of employ personnel individual, primary medical treatment is sure to wait for social insurance premium to use, and the compensation gold that ought to pay employ personnel lawfully;
(4) common creditor's rights.
The courtyard is in people standard to be able to decide to be set in group of common creditor's rights when necessary small creditor's rights group plans draft to undertake voting to reforming.
The 100th [reforming plans to vote] people court ought to be declared from creditor's rights expire 30 days inside or since the day that rotation enters reforming order creditor meeting is held inside 30 days, to heavy entire plan draft undertakes voting.
Those who attend the meeting is same vote the creditor majority of the group agrees reforming to plan draft, and the creditor's rights forehead of its place delegate occupies the 2/3 above of amount of this groups of creditor's rights, pass reforming to plan draft for this groups namely.
The first [reforming plans to pass] each vote group when all planning draft through reforming, reforming plan is namely through. The day that carries from heavy entire plan rises 10 days inside, debtor perhaps manages a person to ought to put forward to approve the application that reforming plans to people court.
People court classics examines those who think to accord with this byelaw to set, the ruling inside 30 days approves reforming to plan program of terminative reforming since the day that ought to get application oneself, give announcement.
The first [compulsive approval] the part votes group did not plan draft through reforming, but reforming plan draft accords with what this byelaw sets the 98th times, debtor can apply for people court to approve reforming to plan draft.
People court thinks via examining reforming plans the money before draft is accorded with to set, the ruling inside 30 days is approved since the day that ought to get application oneself, terminative reforming program, enter reforming to plan to carry out level, give announcement.
The first [the consequence that was not passed and did not approve] reforming plan draft was not obtained through and not according to this byelaw the 101st, the 102nd regulation wins approval, the reforming that already perhaps passed plans to did not win approval, people court ought to rule terminative reforming program; Debtor accords with what this byelaw sets condition the 2nd times, ought to proclaim along with all the others debtor goes bankrupt.
The first [carry out] reforming plan is in charge of carrying out by debtor.
The day that approves reforming plan from people court ruling rises, inside the time that plans a regulation in reforming, by the execution that administers person government, assistance and supervisory reforming plan. Debtor ought to report to administrative person reforming plans to carry out circumstance and financial standing.
The first [hold date of departure is supervised] hold when at the expiration of one's term of office of date of departure, administrative person ought to be mixed to people court go bankrupt office management branch submits executive report. The sun that refers from the report rises, supervisory duty is stopped.
Administrative person is mixed to people court go bankrupt the executive report that office management branch submits, reforming interests person has authority to consult.
The first [reforming plans effectiveness] the reforming plan that approves via people court ruling, to debtor and collectivity creditor's rights average per capita has sanction.
What creditor enjoys some rights to the guarantor of debtor and other and implicative debtor, do not suffer the effect that reforming plans.
The first [unfreeze] people court rules approval reforming plans, ought to make unfreeze debtor at the same time the decision of relevant behavior will decide book service debtor, the announcement goes bankrupt office management branch and concerned unit, give announcement. Concerned unit ought to cooperate to remove the limitative measure to debtor.
The first [special difficulty extends deadline] after people court rules approval reforming plans, because reforming plan cannot return duty bring about what cannot carry out on schedule at the reason of debtor, via debtor application, people court can be approved extend executive deadline, but the longest must not exceed two years. The loss that creditor suffers because of place of delay pay off ought to receive fair compensation.
The first [very tired hard to avoid eliminates more than debt] after people court rules approval reforming plans, reforming plan is brought about because of the reason such as force majeure, accident cannot carry out, and debtor plans pay off according to reforming of all kinds debt all achieves 3/4 above, via debtor application, people court can rule avoid residual liability, stop the execution of reforming plan.
The 110th [reforming plans to carry out cannot] debtor is not carried out or cannot implement reforming plan, or debtor is put in fraudulent action in reforming program, administrative person or interests person can apply for people court to undertake bankrupt liquidating to debtor.
People court ought to rule stop reforming to plan to carry out and declare debtor goes bankrupt. Creditor is consentient, reforming management person can continue to hold the position of go bankrupt liquidation management person.
The 111st [stop executive effectiveness] this byelaw sets people court according to the 110th times the ruling stops reforming to plan to carry out, creditor plans medium creditor's rights to adjust affirmatory invalidation in reforming. The pay off that creditor plans to suffer because of carrying out reforming is effective still, the share that creditor's rights did not get pay off serves as go bankrupt creditor's rights.
The loan that the paragraph provides before, be in only other when arranging a pay off that creditor suffers with oneself to reach same proportion together, ability continues to accept allocate.
The 112nd [the effectiveness that assures during reforming] people court rules the 110th times according to this byelaw stop reforming to plan to carry out, during reforming of set assure continue effective.
The 113rd [reforming plans to carry out end] the debt that plans derate according to reforming, self-prossessed entire plan is carried out when ending, rise, debtor assumes pay off responsibility no longer.
The 9th chapter reconciles
The 114th [entrust reconcile] people court is accepted go bankrupt before suspend payment coming after application, via debtor application, or people court thinks the case has reconcile likely, classics creditor, debtor agrees, can entrust people to mediate adjuster of committee, specially invite, specially invite lawfully organization and go bankrupt the orgnaization such as office management branch, constituent debtor undertakes reconciliatory with all creditor.
The 115th [reconcile by oneself] people court is accepted go bankrupt after application, debtor is reached with respect to processing of creditor's rights debt with all creditor reconcile of the agreement, can request people court ruling to approbate, terminative go bankrupt program.
The 116th [application reconciles material] creditor, debtor is reached reconcile of the agreement, ought to refer to courtyard of person civil code reconcile register of requisition, foregone creditor, reconcile specification of asset of creditor list, debtor, reconcile draft agreement and reconcile organize issued compromise the circumstance explains.
The 117th [reconcile draft agreement] reconcile draft agreement ought to include following content:
(one) debtor belongings circumstance, pursue profession and income condition;
(2) creditor register and creditor's rights amount;
(3) the pay off plan of of all kinds creditor's rights;
(4) reconcile the agreement executes time;
(5) reconcile the supervisory time that the agreement executes;
(6) people court thinks to ought to carry bright any other business.
The 118th [reconcile creditor's rights limits] following creditor's rights is reconcile creditor's rights:
(one) people court is accepted go bankrupt enjoy to debtor when application assure without belongings creditor's rights;
(2) according to this byelaw does not grant to avoid duty, but because creditor reconciles to abandon of one's own accord unavoidable duty the creditor's rights of pay;
(3) because creditor reconciles to abandon assuring of one's own accord legal and authority, preferential the creditor's rights of authority sufferring countervail;
(4) because other loan reconciles to abandon the creditor's rights of lien of one's own accord.
The 119th [reconcile of draft agreement vote condition] the creditor's rights of creditor review a case in which a death sentence has been passed by a lower court that administrative person ought to carry to creditor's rights souvenir. Did not undertake creditor's rights is declared before this, ought to decide not less than creditor's rights of 30 days declare time, give announcement.
Creditor's rights is declared period at the expiration of one's term of office, administrative person ought to weave creditor's rights watch refers creditor conference to check along with all the others.
The 120th [estop] debtor and creditor reach the agreement of debt pay off that did not harm other loan interest before creditor conference is held, reconcile the arrangement of debt pay off that draft agreement provides does not agree under this agreement, regard this creditor as to attend creditor meeting, agree to reconcile draft agreement.
The 121st [vote regular] creditor conference is passed reconcile consultative resolution, agree by the creditor more than half of the with a right to vote that attends the meeting, and the creditor's rights forehead of its place delegate occupies the 2/3 above of creditor's rights amount, regard as vote through.
Reconcile the agreement is involved assure creditor's rights adjusts, ought to set assure creditor's rights group, by suffer adjust assure creditor votes. Suffer adjust assure creditor majority agrees, and the compromise of its place delegate creditor's rights forehead is occupied reconcile the 2/3 above of creditor's rights amount, regard as reconcile of the agreement assure creditor's rights adjusts partial content to vote through.
The 122nd [reconcile the program is terminative] creditor conference is passed reconcile of the agreement, after by people court the ruling is approbated, terminative go bankrupt program, give announcement.
Reconcile the agreement did not obtain creditor conference to vote through, or already the compromise that creditor conference passes draft agreement approbates without crossing people court, people court thinks debtor accords with what this byelaw sets condition the 2nd times, ought to rule declare debtor goes bankrupt.
The 123rd [behavior limitation removes] people court rules approval reconciles of the agreement, ought to make unfreeze debtor at the same time the decision of relevant behavior, service debtor, announcement goes bankrupt office management branch and concerned unit, give announcement.
Concerned unit ought to remove the limitative measure to debtor.
The 10th section goes broke liquidation
The 124th [suspend payment] this byelaw sets people court according to rule declare debtor goes bankrupt, support of the people of liabilities of the 5 inside day service since the day that ought to make from the ruling manages a person, give announcement.
Debtor by suspend payment hind, debtor is become go bankrupt person, debtor belongings is called go bankrupt belongings.
The 125th [before announce is broken terminative go bankrupt program] before adjudication, those who have one of following state, people court ought to rule terminative go bankrupt program, make unfreeze debtor the decision of relevant behavior, give announcement:
(one) pay off of the 3rd factitious debtor expires entirely of debt;
(2) debtor already pay off expires entirely of debt.
The 126th [assure right person counterpoises all right at any time] enjoy to the specific belongings of debtor assure the obligee of authority, can deal with with respect to this specific property appraise at the current rate to administrative person view at any time, exercise is preferential authority sufferring countervail.
Creditor exercise is preferential authority sufferring countervail fails to suffer countervail completely, its did not suffer the creditor's rights of countervail to serve as common creditor's rights; Abandon preferential of authority sufferring countervail,
The 127th [plan of property appraise at the current rate] administrative person ought to be drafted in time go bankrupt plan of property appraise at the current rate, refer creditor conference to discuss.
Administrative person ought to pass according to creditor conference or people court ruling passes go bankrupt plan of property appraise at the current rate, timely appraise at the current rate sells go bankrupt belongings.
The 128th [auction means deals with belongings] deal with go bankrupt belongings can auction means to undertake through the network. But, creditor conference has resolution additionally or the except that regulation of law, administrative regulations must deal with with other way.
Classics creditor conference votes through, sale base price can consult market price is certain, also can decide through directional inquiry, network inquiry.
Go bankrupt belongings shows the account such as value of property of charge prep above because of changing, unfavorable undertake dealing with mixing distributive, classics creditor conference votes through, can abandon dealing with and put in person of Wu of repay a debt 's charge.
The 129th [pay off is ordinal] go bankrupt belongings goes bankrupt in preferential pay off charge and in all after beneficial debt, other debt according to is following and ordinal pay off:
(one) go bankrupt the person owes cost of paid solatium, alimony, bring up;
(2) individual and industrial and commercial door go bankrupt the wage that person place owes employ personnel and medical treatment, disable charge of accessorial, comfort and compensate a bereaved family, include to ought to delimit the primary endowment insurance of account of employ personnel individual, primary medical treatment is sure to wait for social insurance premium to use, and damages of the compensation gold that ought to pay employ personnel lawfully, person;
(3) common go bankrupt creditor's rights.
Go bankrupt belongings can't pay off is same and ordinal of creditor's rights, according to prorata.
The 130th [belongings allocation plan] administrative person ought to be drafted in time go bankrupt belongings allocation plan, refer creditor conference to discuss.
Go bankrupt belongings allocation plan ought to carry bright following item:
(one) play name of belongings distributive creditor or full name, abode;
(2) join specified number of belongings distributive creditor's rights;
(3) can offer distributive property amount;
(4) belongings distributive order, scale and amount;
(5) method of executive belongings distributive.
Creditor conference after through going bankrupt belongings distributes recipe record, by management the person submits to this plan people court ruling is approbated.
People court identifies assignable program, ought to rule at the same time terminative go bankrupt program, give announcement.
The 131st [case of executive cent recipe] administrative person is in charge of going bankrupt the execution of belongings plan.
Administrative person according to go bankrupt belongings allocation plan carries out distributive for many times, ought to announcement distributive property specified amount and creditor's rights forehead. Administrative person carries out final distributive, ought to point to in announcement bright, and the matter that Zai Mingben byelaw regulates the 132nd times.
The 132nd [allocate drawing] perhaps remove to attaching become effective condition conditional creditor's rights, manage a person ought to its allocate drawing.
The money before managing person according to sets the allocate of drawing, announcement day allocates finally, become effective condition was not accomplished or remove the condition accomplishs, ought to distribute other loan; Announcement day allocates finally, become effective condition is accomplished or remove the condition did not accomplish, ought to deliver to creditor.
The 133rd [drawing and allocate one of] creditor did not suffer the insolvency that get belongings allocate, manage a person ought to drawing. Creditor rises from the day that distributes announcement finally full 2 months still do not get, regard as abandon sufferring receive distributive right, administrative person ought to give other loan the allocate allocation of drawing.
The 134th [drawing and those who allocate] go bankrupt when belongings allocation, the creditor's rights of arbitral perhaps to lawsuit pendency, manage a person ought to its allocate drawing. Go bankrupt oneself the sun with terminative program rises to still cannot suffer 2 years completely get distributive, administrative person ought to give other loan the allocate allocation of drawing.
The 135th [avoid duty make an on-the-spot investigation period] avoid duty make an on-the-spot investigation period for 3 years, calculate since the day that from people court declaration debtor goes bankrupt.
Going bankrupt the program is counteracted avoid duty make an on-the-spot investigation period inside, go bankrupt the person ought to abide by the limitative debtor that this byelaw makes people court according to the decision of relevant behavior. Violate this decision, people court can decide to lengthen avoid duty make an on-the-spot investigation period, but lengthen deadline not to exceed two years.
The 136th [the liability that cannot avoid] following debt must not be absolved, but the except that creditor abandons of one's own accord:
(one) intended gross perhaps error encroachs the damages that other body counterpoises or life power produces;
(2) the property damages that baleful tort behavior produces;
(3) the solatium that is based on generation of legal status relation, alimony and bring up cost;
(4) request authority and imprest gold return the pay that is based on service concern generation to still request authority;
(5) go bankrupt person know and not account the creditor's rights at debt detailed list, but the except that creditor knows perfectly well adjudication case;
(6) the student teachs loan;
(7) amerce, fine and confiscate property;
(8) debtor place owes tax payment;
(9) the other debt that must not relieve lawfully.
The 137th [cannot avoid duty case] go bankrupt the person is put in one of following scenario, must not avoid residual liability:
(one) hide, forge, the Zhang book that falsification, destroy by melting or burning involves belongings state, proof, writ kind etc thing;
(2) dummy debt perhaps offers false debt detailed list;
(3) without warrant refus not conference of creditor of attend as a nonvoting delegate or the repudiate specification obligation, holiday that make empty explains;
(4) with wrong step cloggy management person carries out a post;
(5) hide, move, attaint, improper disciplinary action is other perhaps and improper reduce property value;
(6) assure to doing not have the debt that belongings assures to offer property individually or shift to an earlier date to individual undue debt pay off;
(7) wait for behavior because of wasteful spending, gamble and assume gross debt to perhaps make belongings decreases significantly;
(8) the conditional burden debt with apparent inequity;
(9) had obtained inside 8 years go bankrupt liquidation is avoided duty, reforming perhaps has been obtained to perhaps reconcile inside 4 years avoid duty;
(10) the other state that must not prevent lawfully.
The 138th [avoid duty make an on-the-spot investigation supervise] in avoid duty make an on-the-spot investigation period inside, go bankrupt person ought to annual and fixed to go bankrupt the state such as office management branch and income of individual of administrative person report, expenditure, belongings.
Administrative person is in charge of going bankrupt the person is avoided duty make an on-the-spot investigation period the consumptive behavior inside is supervised, examine and verify goes bankrupt the year individual income that the person refers, expenditure and property report, to going bankrupt according to belongings allocation plan person year adds what discover newly perhaps newly to go bankrupt belongings undertakes take-overing allocation.
Go bankrupt office management branch ought to is opposite go bankrupt the fluctuant circumstance such as the person's income, expenditure, belongings and administrative person walk on job action to undertake checking supervisory.
The 139th [regard as avoid duty make an on-the-spot investigation period at the expiration of one's term of office] go bankrupt the person accords with one of following scenario, regard as avoid duty make an on-the-spot investigation period at the expiration of one's term of office:
(one) go bankrupt debt of the rest of person pay off or creditor is absolved go bankrupt the person is all of pay off responsibility;
(2) go bankrupt debt of the rest of person pay off achieves 2/3 above, and avoid duty make an on-the-spot investigation period through a year;
(3) go bankrupt debt of the rest of person pay off achieves 1/3 above to be not worth 2/3, and avoid duty make an on-the-spot investigation period through 2 years.
The 140th [the license is avoided duty program and consequence] avoid duty make an on-the-spot investigation expire, go bankrupt the person can apply for to avoid residual liability to people court.
Administrative person ought to is opposite go bankrupt whether does the person exist the liability that cannot avoid and cannot avoid duty case undertakes investigating, support of the people of consult creditor's rights goes bankrupt opinion of office management department, issue written report to people court.
People court basis goes bankrupt to the person applies for and manage a person to report, whether does the ruling avoid residual liability, make at the same time remove the decision that to going bankrupt person behavior restricts.
The effectiveness of the ruling that avoids residual liability and reach undeclared collectivity creditor at already was being declared. Go bankrupt the person's guarantor and other and implicative debtor, going bankrupt the creditor's rights that liquidation program goes bankrupt to did not suffer pay off to creditor according to after the program is terminative, continue to assume pay off responsibility lawfully.
The 141st [to avoiding duty of the ruling reconsider] people court ruling is absolved go bankrupt of debt of person the rest, ought to go bankrupt support of the people of creditor's rights of ruling book service person, give announcement. Creditor disaffected, can rule the application inside 15 days is reconsidered since the day of book service oneself.
People court ruling is not absolved go bankrupt of debt of person the rest, go bankrupt the person can rule the application inside 15 days is reconsidered since the day of book service oneself.
The 142nd [cancel is avoided duty] person of other perhaps interests discovers creditor go bankrupt the person obtains those who avoid residual liability through fraudulent means, can apply for people court cancel to avoid duty ruling.
The 143rd [cancel is avoided duty reconsider] people court cancel is absolved go bankrupt debt of person the rest rules, ought to go bankrupt service of cancel ruling book person and creditor, give announcement. Go bankrupt the person is right ruling disaffected, can rule the application inside 15 days is reconsidered since the day of book service oneself.
The 144th [unavoidable duty sequential] people court ruling is not absolved go bankrupt of debt of person the rest, perhaps absolve go bankrupt debt of person the rest rules by cancel, creditor is OK to go bankrupt the person continues to chase after countervail debt.
Easy process of eleventh Zhang Jian
The 145th [simple and easy program is applicable] individual of people court cognizance goes bankrupt case, creditor's rights debt concerns state of belongings of clear, debtor clear, details of a case is simple, OK and applicable simple and easy program.
The 146th [the case is accepted] the case that people court decides to applicable and simple and easy program is tried, creditor, debtor and administrative person ought to be told when accept.
The case that applicable and simple and easy program hears, people court ought to be in accept go bankrupt knot of the careful inside 3 months since the day of application.
The 147th [creditor's rights is declared] the case that applicable and simple and easy program hears, creditor's rights declares time initiative cloth is accepted go bankrupt since the day that applies for announcement, the longest do not exceed 30 days.
The 148th [creditor conference] the case that applicable and simple and easy program hears, can hold creditor meeting only.
Outside be being expressed except the creditor's rights that check,
Administrative person votes according to creditor conference the plan that adopt has property appraise at the current rate and allocate, need not vote again.
The 149th [administrative person is dealt with] the case that applicable and simple and easy program hears, administrative person ought to handle concerned matter according to following deadline:
(one) accept the 15 inside day announcements since designation day oneself foregone creditor declares creditor's rights, be finished inside 30 days and submit the belongings state findings report of debtor;
(2) the meeting in before conference of first time creditor is held 3 days content is reached vote item tells foregone creditor;
(3) go bankrupt the person has belongings to be able to offer distributive, ought to going bankrupt belongings allocates be over 10 days finally indrawn people court is referred go bankrupt belongings allocation report, submit to to rule terminative go bankrupt program.
The 150th [cognizance is terminative] the case that applicable and simple and easy program hears, accord with terminative go bankrupt of program requirement, since the day that people court ought to get administrative person to apply for oneself the ruling is made inside 10 days, give announcement.
The 151st [the program is changed] applicable and simple and easy program tries people court the individual goes bankrupt case, discover unfavorable and applicable simple and easy program, perhaps cannot written guarantee in careful of the deadline inside 3 months, ought to rule turn for average order. But, the insolvency that has undertaken the program continues effective.
Responsibility of law of dozenth art of composition
The 152nd [debtor law responsibility] debtor violates this byelaw regulation, have one of following action, handle lawfully by people court; Make crime, investigate criminal duty lawfully:
(one) refus does not cooperate to investigate, refus is not stated, answer, or refus does not submit relevant data;
(2) provide data of false, falsification, make be stated phonily or misdirect sex states;
(3) hide intentionally, belongings of debtor of move, damage, improper disciplinary action is other perhaps and undeserved reduce debtor property value;
(4) dummy debt, perhaps admit truthless liability;
(5) hide, annul, forge or of data of book of Zhang of falsification finance affairs;
(6) do not implement reforming plan intentionally, harm loan interest;
(7) hamper with wrong step administrative person carries out a post;
(8) other and obstructive go bankrupt the behavior of the program.
The 153rd [the legal responsibility of debtor spouse, close relative] the interests person such as the close relative of the spouse of debtor, collective life disobeys this byelaw to set, have one of following action, handle lawfully by people court; Make crime, investigate criminal duty lawfully:
(one) refus does not assist people court or the belongings of debtor of administrative person investigation reachs income state, perhaps provide false data, make false statement;
(2) help, harbor debtor hides intentionally, belongings of debtor of move, damage, improper disciplinary action is other perhaps and undeserved reduce debtor property value;
(3) help, harbor debtor fiction debt perhaps admits truthless liability;
(4) help, harbor debtor disobeys this byelaw to stipulate about debtor obligation related to limitative debtor behavior decides;
(5) hamper with wrong step administrative person carries out a post;
(6) other and obstructive go bankrupt the behavior of the program.
The 154th [support of the people of creditor, interests is other the legal responsibility of the 3rd person] support of the people of creditor, interests is other the 3rd person disobeys this byelaw to set, have one of following action, handle lawfully by people court; Make crime, investigate criminal duty lawfully:
(one) dummy creditor's rights, declare phonily, perhaps advocate false resumptive authority, countervail counterpoises;
(2) know perfectly well debtor to be in go bankrupt in the program, still acquire debtor property, but the except that for debtor daily life needs;
(3) ill will colludes with exercise right to vote, damage other to close right increase;
(4) other and obstructive go bankrupt the behavior of the program.
The 155th [responsibility of administrative person law] administrative person not this byelaw sets according to assiduous and responsible, true executive place, to creditor, debtor or the 3rd man-made becomes losing, assume liability to pay compensation lawfully.
Administrative person idle at fulfill or undeserved those who fulfil obligation, instruct by people court correct, can adopt reduce government person pay, change according to powers and authorities of office the measure such as administrative person; Go bankrupt to office management branch can pause or cancel its to manage a person to hold a post qualification.
Ill will of person of other perhaps interests colludes with administrative person and creditor, debtor, damage other to close right increase, of obstructive and civil suit, handle lawfully by people court; Make crime, investigate criminal duty lawfully.
Thirteenth chapter supplementary articles
The 156th [law is applicable] this byelaw does not have a regulation, applicable " code of civil law of People's Republic of China " " law of business failure of People's Republic of China " the concerned regulation with other law laws and regulations.
The 157th [applying date] this rules applies since date.
