What is the scope of the debtor s property, and the debtor s property is recovered

Updated on society 2024-02-26
6 answers
  1. Anonymous users2024-02-06

    The concept of "debtor's property" is the first to appear in the new Enterprise Bankruptcy Law. In practice, the debtor's property should include all of the debtor's property, including the debtor's interest in the assets wherever they may be, whether in the forum State or in a foreign country, whether or not they are in the possession of the debtor at the time of commencement of proceedings, and all tangible and intangible assets. The use of the concept of "debtor's property" in the new Enterprise Bankruptcy Law shows a change in the concept of bankruptcy legislation, which not only covers the debtor's property in the bankruptcy liquidation procedure, but also includes the debtor's property in the bankruptcy reconciliation procedure and reorganization procedure. Intellectual property rights, usufruct rights, and other property and property rights and interests shall be recognized by the people's court as the debtor's property.

    Legal basis: Article 30 of the Bankruptcy Law of the People's Republic of China provides that all the property belonging to the debtor at the time of acceptance of the bankruptcy application, as well as the property acquired by the debtor after the acceptance of the bankruptcy application and before the end of the bankruptcy procedure, shall be the property of the debtor.

  2. Anonymous users2024-02-05

    The debtor's property is the property that the debtor enjoys ownership, including: 1. All the property belonging to the debtor at the time of acceptance of the bankruptcy application. 2. The property obtained by the debtor (including the property for which the debtor has set a guarantee) after the acceptance of the bankruptcy application and before the end of the bankruptcy procedure.

  3. Anonymous users2024-02-04

    After the creditor applies for bankruptcy of the debtor and the court accepts the bankruptcy casedebtorThe debtor or property holder shall pay off the debts or deliver the property to the administratordebtorIt is a bankrupt enterprise, and the debtor of the debtor is the debtor of the bankrupt enterprise.

    See: Article 17 of the Enterprise Bankruptcy Law After the people's court accepts the bankruptcy application, the debtor or property holder of the debtor shall pay off the debts or deliver the property to the administrator.

    Where the debtor's debtor or property holder intentionally violates the provisions of the preceding paragraph to pay off debts or deliver property to the debtor, causing losses to the creditor, the debtor shall not be exempted from the obligation to pay off the debts or deliver the property.

  4. Anonymous users2024-02-03

    The debtor's property includes: all monetary and physical goods owned by the debtor, as well as the debtor's legal rights and interests such as creditor's rights, equity, intellectual property rights, usufruct rights, etc., which can be valued in monetary terms and can be transferred in accordance with the law.

    Legal basisArticle 30 of the Enterprise Bankruptcy Law of the People's Republic of China.

    All the property belonging to the debtor at the time of acceptance of the bankruptcy application, as well as the property acquired by the debtor after the acceptance of the bankruptcy application and before the conclusion of the bankruptcy proceedings, are the property of the debtor.

    Article 32.

    If, within six months before the people's court accepts the bankruptcy application, the debtor still pays off individual creditors under the circumstances provided for in the first paragraph of Article 2 of this Law, the administrator has the right to request the people's court to revoke it. However, this does not apply to cases where individual liquidation benefits the debtor's property.

  5. Anonymous users2024-02-02

    The debtor's property shall include all property of the debtor, including the debtor's interest in the assets wherever they may be, whether in the forum State or in a foreign country, and whether or not they are in the possession of the debtor at the time of commencement of proceedings, as well as all tangible and intangible assets.

    Legal basis

    Article 30 of the Bankruptcy Law of the People's Republic of China provides that all the property belonging to the debtor at the time of acceptance of the bankruptcy application, as well as the property acquired by the debtor after the acceptance of the bankruptcy application and before the end of the bankruptcy procedure, shall be the property of the debtor.

  6. Anonymous users2024-02-01

    Legal analysis: In addition to the currency and physical goods owned by the debtor, the people's court shall recognize the debtor's property and property rights and interests that can be valued in monetary terms and can be transferred in accordance with the law.

    Legal basis: Article 30 of the Bankruptcy Law of the People's Republic of China provides that all the property belonging to the debtor at the time of acceptance of the bankruptcy application, as well as the property acquired by the debtor after the acceptance of the bankruptcy application and before the end of the bankruptcy procedure, shall be the property of the debtor.

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