Case playback:

　　A Limited by Share Ltd was founded in 1996, once occupied the "leading" status of lactic acid bacteria beverage industry in china. The second half of 2008, due to strategic errors and external factors, A company funds chain fracture. 2009 January, set up to the local government chairman B of a 61.6% stake in A C, mortgage companies, C companies lease A asset protection management, leasing period of one year, to enable enterprises to return to a normal state. During 2009, A company performance continued to decline, declared bankruptcy in April 2010. In 2010 July into the bankruptcy reorganization procedure, D law firm was selected by means of competition for the bankruptcy administrator. In 2010 October, a B query management qualifications and their loyalty, request a change of management, is not accepted by the court. In 2010 December, the first meeting of creditors of A company held, bankruptcy reorganization manager D law firm confirmed C leasing company A company as a "self-financing" free operations rather than paid lease, C company has become one of the A's biggest creditor, a B official.

　　Intensive analysis:

　　Management system is an important legal system in the bankruptcy law, management plays an important role in the whole procedure of bankruptcy, bankruptcy procedures to management center of human and expansion. Selection of proper management, exercising management authority become bankrupt procedures open, fair, and efficient protection. China adopted the court appointed mode selection manager replacement combined with the meeting of creditors to apply for the. When the declaration of bankruptcy, the debtor into bankruptcy, bankruptcy should hand over the property, seals and books, documents to a management data. Refusing to hand over or forged, destruction of property and the property of unknown material evidence, the people's court may on the personnel directly responsible shall be imposed a fine, which constitutes a crime, shall be investigated for criminal responsibility according to law. The administrator shall diligently, faithfully perform their duties, or the people's court may impose a fine according to law; to creditors, the debtor or third party causes losses, it shall bear liability for compensation; constitute a crime, shall be investigated for criminal responsibility according to law.

　　In this case, A company entered into bankruptcy proceedings, courts adopt competition designated managers did not improperly. The people's court has no authority to replace the bankruptcy administrator, the creditors' meeting did not apply for the replacement of the bankruptcy administrator, and A, chairman of B of a debtor fails to apply for replacement of the bankruptcy administrator rights, questioned the management people are unable to get the support of the court.

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