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First, if an enterprise is unable to pay off its debts due as stipulated in Article 2 of the Bankruptcy Law, and its assets are insufficient to pay off all its debts or it obviously lacks solvency, the creditor and the debtor or the investor whose capital contribution accounts for more than one-tenth of the debtor's registered capital may file an Application for Reorganization with the court; Secondly, after the court accepts the case, it will appoint an administrator and notify the known creditors and announce the notification of unknown creditors. The court shall determine the time limit for creditors to declare their creditor's rights, and determine the time and place of the first creditor's meeting; Thirdly, within 6 months from the date of the court's ruling on the reorganization, the debtor submits the draft reorganization plan to the court and the creditors' conference at the same time, and formally enters the enforcement procedure of the reorganization plan after being approved by the creditors' meeting and approved by the court. Finally, if the implementation period of the Reorganization Plan expires, the debtor completes the execution, and the company recovers to a good state, the reorganization procedure is completed and the company resumes normal operation. If the debtor is unable to execute or does not execute the reorganization plan, the court shall, at the request of the administrator or interested parties, rule to terminate the implementation of the reorganization plan and declare the debtor bankrupt.
Legal basis: Article 2 of the Enterprise Bankruptcy Law of the People's Republic of China provides that if an enterprise legal person is unable to pay off its debts due and its assets are insufficient to pay off all its debts or obviously lacks solvency, it shall liquidate its debts in accordance with the provisions of this Law. Where an enterprise legal person has the circumstances provided for in the preceding paragraph, or there is a clear possibility of losing solvency, it may carry out reorganization in accordance with the provisions of this Law.
Article 70 of the Enterprise Bankruptcy Law of the People's Republic of China provides that a debtor or creditor may, in accordance with the provisions of this Law, directly apply to the people's court for reorganization of the debtor. Where a creditor applies for bankruptcy liquidation of the debtor, the debtor or the contributor whose capital contribution accounts for more than one-tenth of the debtor's registered capital may apply to the people's court for reorganization after the people's court accepts the bankruptcy application but before the debtor is declared bankrupt.
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1.The bankruptcy petition is based on the creditor or debtor's application for bankruptcy to the court; 2.The court ruled to accept the case, and the people's court ruled and declared the enterprise bankrupt in accordance with the law, and the enterprise officially entered the bankruptcy procedure; 3.
After the establishment of a liquidation group enterprise enters bankruptcy proceedings, the people's court shall establish a liquidation group within 15 days from the date of announcement; Wait a minute.
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Legal Analysis: The bankruptcy reorganization procedures of enterprises are as follows:
1. Submit an application for reorganization to the court;
2. The court appoints a property administrator after accepting the case;
3. Notify creditors by notice or announcement;
4. Formulate and approve the debtor's draft reorganization plan;
5. The reorganization procedure commences and the debtor executes the reorganization plan;
Sixth, after the implementation is completed, the enterprise resumes normal operation. If the debtor is unable to execute or not execute the reorganization plan, the obligee applies to the court to declare the enterprise bankrupt.
Legal basis: Article 70 of the Enterprise Bankruptcy Law of the People's Republic of China The debtor or the creditor's rights and other parties may, in accordance with the provisions of this Law, directly apply to the people's court for reorganization of the debtor, and the creditor applies for bankruptcy liquidation of the debtor. After the People's Court accepts the bankruptcy application and before the debtor is declared bankrupt, the debtor or the investor whose capital contribution accounts for more than one-tenth of the debtor's registered capital may apply to the people's court for reorganization.
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Legal analysis: The creditor and the debtor directly apply to the court for reorganization and start the reorganization procedure. The court examines the Application for Reorganization.
The court appoints an administrator. The court notifies known creditors and announces notice to unknown creditors. The creditor declares the creditor's rights to the administrator.
The first creditors' meeting shall be convened within 15 days from the date of expiration of the declaration of creditor's rights. After entering the reorganization period, with the approval of the court, the debtor may manage its property and business affairs on its own under the supervision of the administrator, and the administrator shall hand over the property and business affairs to the debtor. The debtor or administrator shall, within 6 months from the date of the court's ruling, submit the draft reorganization plan to the court and the creditors' conference at the same time.
The court shall convene a meeting of creditors within 30 days from the date of receipt of the draft reorganization plan. After the Draft Reorganization Plan is approved, the debtor is responsible for the implementation of the Reorganization Plan. If the implementation period of the Reorganization Plan expires and the debtor completes the implementation and the company recovers to a good state, the reorganization procedure is completed and the company resumes normal operation.
Legal basis: Enterprise Bankruptcy Law of the People's Republic of China
Article 70 The debtor or creditor may, in accordance with the provisions of this Law, directly apply to the people's court for the reorganization of the debtor.
Where a creditor applies for bankruptcy liquidation of the debtor, after the people's court accepts the bankruptcy application but before the debtor is declared bankrupt, the debtor or the investor whose capital contribution accounts for more than one-tenth of the debtor's registered capital may apply to the people's court for reorganization.
Article 73 During the period of reorganization, upon the application of the debtor and the approval of the people's court, the debtor may manage its property and business affairs on its own under the supervision of the manager.
In the circumstances provided for in the preceding paragraph, the manager who has taken over the debtor's property and business affairs in accordance with the provisions of this Law shall hand over the property and business affairs to the debtor, and the functions and powers of the manager provided for in this Law shall be exercised by the debtor.
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OK. However, unless otherwise provided by law. This is because citizens of the People's Republic of China have the right to work. The enterprise is bankrupt, and the person subject to execution has to continue to live, what to eat if he doesn't work! Suggested by netizens, for reference only. Good luck!