I. What to do with the money owed to an individual after filing for bankruptcy
The law stipulates that "Debts shall be discharged. Temporarily unable to repay, with the consent of the creditors or the people's court ruling, can be repaid by the debtor in installments. Have the ability to repay refuses to repay, by the people's court judgment to force repayment." It can be seen that the debtor must repay the debt is certain. But at present the debt is not repaid in society there are two kinds of situation, one is unable to repay, the other is capable of but refuses to repay.
In practice, the debtor is unable to repay and there are two different situations: one is temporarily unable to repay. If this is the case, in accordance with the above provisions, the debtor can be repaid in installments. The other is permanent insolvency. If it is permanently insolvent, the debtor can only on the existing personal property to settle, which will be after the court hearing, judgment, and then put into execution, that is to say, the debtor has how much personal property available for execution, the creditor will take how much.
Civil Code (2021.1.1 effective) Article 536 of the creditor subrogation right of early exercise of the creditor's claim before the expiration of the creditor's claim, the debtor's claim or the claim related to the subordinate right of the debtor's claim there is a statute of limitations period is about to expire or failure to timely declare the bankruptcy claim and other circumstances, affecting the realization of the creditor's claim, the creditor may subrogate to the debtor's counterparty requesting that he or she perform the debtor, the debtor, the bankruptcy administrator. The creditor may subrogate to the debtor's counterpart to request it to perform to the debtor, declare to the bankruptcy administrator or do other necessary acts.
Second, the bankrupt company's arrears how to do
First of all, the unlimited liability company, unlimited liability company mainly refers to the shareholders by more than two people and is the shareholders of the company's debt joint and several unlimited liability company.
If the shareholders of an unlimited liability company are only one person left, then the unlimited liability company should be dissolved or changed into a sole proprietorship. If the unlimited liability company goes bankrupt and becomes insolvent, the shareholders will still be liable for the remaining debts, thus jeopardizing their personal property.
Limited liability companies are usually formed by more than 5 and less than 21 shareholders, and the shareholders have different amounts of capital invested in the company, and their responsibilities are also different. That is to say, as long as the company is after the legal liquidation procedures, and the shareholders did not privately possess the company funds and other illegal phenomena, then the company is insolvent, in this case, the legal person and the other shareholders do not need to bear the corresponding responsibility.
Three, the debtor how to apply for bankruptcy
(a) the enterprise legal person (i.e., the debtor) to start their own bankruptcy application conditions, should have the following two conditions: 1, can not pay the debts due; 2, the assets are not enough to pay all the debts, or a clear lack of solvency.
(2) Condition 1: proof of inability to settle debts as they fall due, mainly: 1, cash held is unable to settle debts as they fall due; 2, the amount of immediately realizable assets is also insufficient to settle debts as they fall due (realizable assets should be defined as non-major assets). Accordingly, the debtor's submission of financial information reflecting that the sum of the balance of monetary deposits and the amount of immediately realizable assets is less than the amount of the debt due can be satisfied.
(c) condition two: assets are insufficient to settle all debts, or a clear lack of solvency proof, mainly: 1, in layman's terms, is the current balance sheet, the number of assets is less than the number of liabilities. The total amount of all the debtor's assets is less than the total amount of all the debts due and will be due. 2, if the debtor's financial information is not made the actual asset write-offs, such as hopelessly due accounts receivable (the debtor's claims), the backlog of unsaleable inventory, equipment damage elimination, failure of foreign investment, etc. is not made the loss of processing, so may be reflected in the balance sheet of the amount of assets does not reflect the objective asset status, and even Total assets will be greater than total liabilities. At this point, the debtor is required to carry out the actual assets write-off, so that the balance sheet reflects the objective assets and liabilities, or otherwise prove that the debtor obviously lacks the solvency. 3, otherwise prove that the debtor obviously lacks the solvency, this blog suggests to start from the following aspects: first, the assessment of the amount of loss in the assets; second, the assessment of the amount of assets that can not be realized; and third, the assessment of the operating capacity. After the debtor completes the preparation of the above proof, the bankruptcy petition can be filed.
Legal Objective:Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China*** and the State bankruptcy property in the priority of liquidation of bankruptcy expenses and *** benefit debts, in accordance with the following order of liquidation: (a) the bankrupt owed to the employee's wages and medical treatment, disability benefits, pension costs, owed to the employees' personal accounts should be transferred to the basic pension insurance, basic medical insurance costs, and laws and administrative regulations should be paid to the employee's personal accounts, the basic medical insurance costs. as well as the compensation that should be paid to the employees as stipulated by the laws and administrative regulations; (ii) the social insurance expenses owed by the bankrupt other than those stipulated in the preceding subparagraph and the taxes owed by the bankrupt; and (iii) the ordinary bankruptcy claims. If the bankruptcy property is insufficient to satisfy the claims of the same order of satisfaction, it shall be distributed in proportion. The salaries of the directors, supervisors and senior management of the bankrupt enterprise are calculated in accordance with the average salary of the employees of the enterprise.