Circumstances change with the passage of time, Chrysanthemums after the Double Ninth Festival

-- The definition of bankruptcy property is complex and important

  • Time: 2013-07-30 16:18:45
  • Source: SLEEING
  • Hit: 2842

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  A Limited by Share Ltd was founded in 1956, was one of China's largest milk powder manufacturers, brand value evaluation was as high as 14907000000 yuan, ranking the forefront of the dairy industry. In 2008 September, a major food safety accident occurs in infant formula milk powder produced by A company, by the strong impact of the market. In 2008 December, eventually because of more liabilities than assets into liquidation. In March 4, 2009, A company property in the whole group of package auctions. Auction property held by A, including sustainable land use rights, buildings, machinery and equipment and other business effective assets and A, B, C, D company's investment rights and interests. Finally, E limited liability company with 616500000 yuan price Jingpai success.

 

  Intensive analysis:

 

  The bankruptcy property is the material foundation of bankruptcy liquidation of the debtor, creditors, to realize and other stakeholders interests protection, we must first have a clear definition of bankruptcy property. But in the market economy, business process is very complex, which makes the property of the enterprise in the event of bankruptcy situation can become more complicated. Such as, the trademark right as a kind of intangible assets, has economic value, can be transferred according to law. But because of the particularity of the trademark, in determining whether there will be a lot of controversy often included in the bankruptcy property and valuation issues such as how to. Trustee in bankruptcy once should be incorporated into the not included, will cause the debtor's property loss; and should not be included in the bankruptcy property included, will cause the rights disputes, increase the bankruptcy expenses, if damaged, will assume the corresponding responsibility.

  In this case, A company was brilliant is mainly attributed to the huge value of intangible assets. But the whole package auction, including A, land use rights, buildings, machinery and equipment and other effective assets and investment interests, and have more than ten times the tangible property brand value is not included in the bankruptcy property of the debtor, creditors, is a kind of regret.

 

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