The allocation process of the bankruptcy property and the matters needing attention

  • Time: 2013-08-01 11:37:03
  • Source: SLEEING
  • Hit: 2538

1, settlement of bankruptcy costs and total benefits of debt
Bankruptcy costs and total benefits of debt repayment by the debtor's property at any time. Debtor's property is insufficient to discharge all of the bankruptcy expenses and debts of common benefit, advance of settlement of bankruptcy costs. Debtor's property is insufficient to discharge all of the bankruptcy expenses and debts of common benefit, in accordance with the proportion of liquidity. Debtor's property is insufficient to pay off the expenses of bankruptcy, the administrator shall request the people's court to terminate the bankruptcy procedure. The people's court shall render a ruling to terminate the bankruptcy procedure is received within fifteen days of the date of the request, and shall make a public announcement.
2, through the distribution project for bankruptcy property
The distribution project for bankruptcy property shall be managed by people to develop, and submit the creditors meeting. In general, the bankruptcy property in the priority liquidation bankruptcy costs and total benefits of debt, in accordance with the following order of priority: the bankrupt owed workers wages and medical, disability benefits, pension costs, should owe the basic old-age insurance personal accounts of workers, into the basic medical insurance, and the legal, administrative regulations shall pay compensation gold to the staff and workers; in addition to the provisions of the preceding paragraph, the bankrupt if other social insurance and tax owed by the bankrupt person; general creditor's rights in bankruptcy. The bankruptcy property is insufficient to discharge the same sequence of liquidation, in accordance with the proportion of allocation. The bankrupt enterprise directors, supervisors and senior management personnel salary is calculated according to the average wage of the employees of the enterprise. Unless otherwise provided by the creditors' meeting, the distribution of the bankruptcy property shall be conducted in the monetary distribution.
3, implement the distribution project for bankruptcy property
For the distribution of the property in bankruptcy by the people's court ruling of approval, executed by the administrator. For the effective conditions or termination conditions of creditor's rights, the administrator shall be divided quotas in escrow. Distribution management in accordance with the above provisions of the deposit, in the final distribution announcement date, the effective conditions are not met or terminate the fulfillment of the conditions, shall be assigned to other creditors; in the final distribution announcement date, conditions of achievement or the termination conditions are not satisfied, shall be delivered to the creditor. The amount of the distribution of the bankruptcy property creditors not to accept, the administrator shall deposit. The announcement of the final distribution of creditors since the expiration of two months still did not receive, deemed to have waived the delivery of assignment of rights, the manager or the people's court shall be assigned amount of deposit assigned to other creditors. The distribution of the bankruptcy property, for arbitration or litigation pending claims, the administrator shall be divided quotas in escrow. Over the two years since the conclusion of the bankruptcy proceedings, the distribution cannot be accepted, the people's court shall be assigned amount of deposit assigned to other creditors.
4, the implementation of public distribution scheme
Management in accordance with the distribution project for bankruptcy property to implement multiple assignment, the assignment shall announce the amount of property and creditors rights. The manager to implement the final distribution, shall be specified in the notice, and shall specify the management for effective conditions or termination conditions claims will be assigned amount its quota of deposit, distribution in the final announcement date, the effective conditions are not satisfied or the termination conditions of success, the allocation to the other creditors; in the final distribution announcement, conditions of achievement or the termination conditions is not satisfied, items delivered to the creditor.

 

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