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Personally, there is no personal bankruptcy law in China, there is no personal bankruptcy statement, as long as you work hard to earn money, there is really no money to pay back, and the bank can't let you go to jail, work hard to earn money to pay back.
In the case of an enterprise, if it is to be liquidated after bankruptcy, after the liquidation is over, the enterprise will die and will not exist in the future, and there is no way to ask for bank loans. At present, very few enterprises generally go through bankruptcy proceedings, and the banks are dragging their feet. As long as the enterprise is not established under the Company Law, it is treated according to the first paragraph.
Regardless of whether the bank's loan is a bad debt or a dead debt, the bank has the right to continue to collect the arrears until the borrower is gone, a natural person until he dies, and a legal person until the bankruptcy procedure is completed. It's not that you can't pay it back if you delay it for a long time.
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Work hard to make money, and think about it wholeheartedly! Money! Money! Make money your goal, pay off your debts when you earn money, and if you have leftovers, do what you like! You have to make your whole brain want to make money, to work, so that you can pay off your debts [there is no other way......]
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A bankrupt person has to pay his debts with all his assets, but he does not necessarily guarantee full repayment, but only with his own assets.
Don't worry too much about the bank's debts, the bank has a certain rate of bad debts, and maybe your accounts will become dead after a long time, so you don't have to pay them back.
The most important thing now is to have the courage to start all over again, it is recommended to start a small business, raise some money from relatives and friends, and maybe you can make a comeback!
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First of all, it depends on what kind of business you are establishing!
1. Sole proprietorship enterprise bears unlimited liability If the property of the enterprise is insufficient to repay the property of one person, it shall be repaid.
After the dissolution of the enterprise, if the creditor (bank) does not submit a claim for repayment of the debt to the debtor (you) within 5 years, the liability shall be extinguished.
2. The general partner of the partnership bears unlimited liability The limited partner bears limited liability according to the amount of subscribed capital contribution.
3. The assets of the limited liability company shall be repaid.
4. Joint-stock enterprise assets are repaid.
Summarize the reasons for the failure and make a comeback.
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Legal analysis: bankruptcy, depending on what kind of debt the bank debt is, if the court accepts the bankruptcy application, the creditor should declare the creditor's rights to the court within the time limit specified by the court in accordance with the law. As a creditor, when the debtor goes bankrupt and the guarantor exists, the bank may declare the creditor's rights to the people's court, and at the same time may sue the guarantor for joint and several guarantee liability with the court.
If the creditor's right is secured by collateral or pledge, the lending bank may request the court to dispose of the collateral or pledge in accordance with the law when claiming rights against the guarantor, and the proceeds shall be given priority to repay the principal and interest of the loan and the relevant expenses for realizing the goodwill of the creditor's rights.
Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China The bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and debts of common foundations
1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations;
2) The social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt person;
3) Ordinary bankruptcy creditor's rights.
If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately. The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.
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Legal analysis: After bankruptcy, bank debts need to be repaid, and after the bankruptcy of the enterprise, the property of the enterprise should be liquidated. During the liquidation period, the liquidation group shall exercise the following functions and powers:
Liquidation of the company's property, preparation of balance sheet and property list respectively; Notification and announcement of the right to return the debt; Dealing with the company's outstanding business in connection with liquidation; settlement of taxes owed and taxes incurred in the liquidation process; liquidation of claims and debts; Dealing with the company after paying off debts and representing the company in civil litigation.
Legal basis: Article 184 of the Company Law of the People's Republic of China The liquidation group shall exercise the following functions and powers during the liquidation period: (1) to clean up the property of the company and prepare the balance sheet and property list respectively; (2) Notify or announce creditors; (3) Dealing with the unsettled business of a number of stupid companies related to liquidation; (4) To pay off the taxes owed and the taxes incurred in the process of liquidation; (5) Liquidating creditor's rights and debts; (6) Dispose of the remaining property of the company after paying off its debts; (7) Participate in civil litigation activities on behalf of the company.
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The bankruptcy bank debts shall be paid off by the bankruptcy estate, and the law stipulates that if the enterprise goes bankrupt, the bankruptcy estate shall pay off other debts in the order prescribed by law after giving priority to the common debts and bankruptcy expenses, and shall first pay off the wages owed by the enterprise to the employees, medical treatment, disability allowances, etc.
Legal basis] Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China.
The bankruptcy estate shall be repaid in the following order after the bankruptcy expenses and common benefit judgment debts have been paid off first:
1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations;
2) The social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt Senbi person;
3) Ordinary bankruptcy creditor's rights.
If the bankruptcy wealth is insufficient to pay off the repayment claims in the same order, it shall be distributed proportionally.
The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.
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