Assets against the debt, collateral, lien, out of the property, does not belong to the bankruptcy estate, but the rights of the right to waive the right of priority or priority to pay the remainder of the secured claims, except.
Where an enterprise is adjudicated bankrupt by the court, the bankruptcy property of the enterprise shall, after giving priority to the payment of bankruptcy expenses and ****beneficial debts, be paid to the bankruptcy claims in the following order:
1. Wages and medical treatment, disability benefits and pension costs owed to the employees by the bankrupt, the basic old-age pension and basic medical insurance costs owed to the employees, which shall be transferred to the employees' personal accounts, as well as the basic pension and basic medical insurance costs stipulated by laws and administrative regulations, and the basic pension and basic medical insurance costs stipulated by laws and administrative regulations. costs, and the compensation that should be paid to the employees as stipulated by laws and administrative regulations.
2. The social insurance fees other than those stipulated in the preceding paragraph and the taxes owed by the bankrupt.
3. Ordinary bankruptcy claims.
If the bankruptcy estate is insufficient to satisfy the claims of the same order of satisfaction, they are distributed proportionally. Correctly distinguish between assets that can be mortgaged and assets that cannot be mortgaged is a prerequisite for effective mortgages, but also in the future, in the event of a dispute, legal proceedings, to obtain compensation to reduce the loss of reimbursable funds lending is an important guarantee.
The Chinese People's **** and State Enterprise Bankruptcy Law:
Article 122 The administrator shall terminate the execution of his duties on the day following the completion of the registration of cancellation. However, except for the existence of pending litigation or arbitration.
Article 123 Within two years from the date of termination of the bankruptcy proceedings in accordance with Paragraph 4 of Article 43 or Article 120 of this Law, creditors may request the people's court to make additional distributions in accordance with the distribution plan of the bankruptcy property if any of the following circumstances apply:
(1) Where any property is found to be recovered in accordance with the provisions of Articles 31, 32, 33 and 36 of this Law. (a) If it finds that there is property that should be recovered in accordance with the provisions of Articles 31, 32, 33 and 36 of this Law
(2) If the bankrupt is found to have other property that should be available for distribution.
If there are circumstances as stipulated in the preceding paragraph, but the amount of property is not sufficient to cover the expenses of distribution, no additional distribution shall be made, and the people's court shall turn it over to the state treasury.