What are the ways in which the debtor conceals assets

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.

1. After receiving a copy of the indictment or judgment, the parties conceal, transfer, sell, or destroy the property that has been sealed or seized, or the property that has been counted and ordered to keep it, or the property that has been frozen;

2. When the husband and wife voluntarily divorce, they make an agreement on the ownership of premarital property and property during the existence of the marital relationship, and evade debts;

3. Using the company's legal personality to evade debts;

4. Using affiliated units to conceal assets or investments;

5. Transfer the property to another person's name or the company's property such as a car is registered in the name of the investor;

6. The property provided is incomplete and untrue;

7. The person subject to enforcement goes out to avoid enforcement;

8. Infringing on the rights and interests of creditors by transferring property at a low price or free of charge;

9. Other acts of taking advantage of incomplete laws and regulations to conceal assets.

Analysis of legal sublease of property: 1. After receiving a copy of the indictment or judgment, the parties conceal, transfer, sell, or destroy the property that has been sealed or seized, or the property that has been counted and ordered to keep it, transfer the property that has been frozen, and when the husband and wife voluntarily divorce, they make an agreement on the disappearance of the premarital property and the ownership of the property during the existence of the marital relationship, evade debts, use the status of a corporate legal person to evade debts, and use the affiliated unit to conceal property or investment, Transferring property to another person's name or company property, such as a car registered in the name of the investor, providing incomplete and untrue property, the person subject to enforcement goes out to avoid enforcement, transferring property at a low price or free of charge infringes on the rights and interests of creditors, and other acts of concealing property by taking advantage of incomplete legal provisions.

Legal basis: Article 538 of the Civil Code of the People's Republic of China Where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extending the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

1. After receiving a copy of the indictment or judgment, the parties conceal, transfer, sell, or destroy the property that has been sealed or seized, or the property that has been counted and ordered to keep it, or the property that has been frozen;

2. When the husband and wife voluntarily divorce, they make an agreement on the ownership of premarital property and property during the existence of the marital relationship, and evade debts;

3. Using the company's legal personality to evade debts;

4. Using affiliated units to conceal assets or investments;

5. Transfer the property to another person's name or the company's property such as a car is registered in the name of the investor;

6. The property provided is incomplete and untrue;

7. The person subject to enforcement goes out to avoid enforcement;

8. Infringing on the rights and interests of creditors by transferring property at a low price or free of charge;

9. Other acts of taking advantage of incomplete laws and regulations to conceal assets.

1. How to transfer the joint property of Bizhi husband and wife.

Methods of transferring joint property include: deliberately concealing property, secretly transferring property under aliases or at a low price**, falsifying corporate debts, or joint debts between husband and wife. At the time of divorce, if one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts, or embezzles the property of the other party, the joint property may be divided less or no share.

The legal consequences of the transfer of joint property in the event of divorce are severe. After being verified by the court, an application may be made for a redivision of the property.

2. Can an enterprise be transferred by the court for pre-litigation preservation?

Where litigation participants or other persons conceal, transfer, sell, or destroy property that has already been sealed or seized, or property that has already been inventoried and ordered to be kept, or transfer property that has already been frozen, the people's court may impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law. If the property of a party is frozen by the court for preservation, the party cannot apply for the transfer of ownership of the property, and can only apply for the transfer of property after the lawsuit is settled.

Civil Code of the People's Republic of China

Article 540:The scope of exercising the right of revocation shall be limited to the creditor's creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

The debtor's methods of concealing property are: 1. After receiving a copy of the indictment or judgment, the parties conceal, transfer, sell, or destroy the property that has been sealed or seized, or the property that has been counted and ordered to keep it, and transfer the property that has been frozen; 2. When the husband and wife voluntarily divorce the ship, they make an agreement on the ownership of the property before marriage and the property during the existence of the marital relationship, and evade debts; 3. Using the company's legal personality to evade debts; 4. Using affiliated units to conceal assets or investments; 5. Transfer the property to the name of another person or the company's property, such as a car, registered in the personal name of the person who invests in Tong Credit; 6. The property provided is incomplete and untrue; 7. The person subject to enforcement goes out to avoid enforcement; 8. Infringing on the rights and interests of creditors by transferring property at a low price or free of charge; 9. Other acts of taking advantage of incomplete laws and regulations to conceal assets.

Legal basis

Article 538 of the Civil Code provides that if the debtor disposes of property rights and interests without compensation by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property without compensation, etc., or maliciously extends the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Legal Analysis: The debtor's means of concealing property include:

1) After receiving a copy of the indictment or judgment, the parties conceal, transfer, sell, or destroy the property that has been sealed or seized, or the property that has been counted and ordered to keep it, or transfer the property that has been frozen. (2) When the husband and wife voluntarily divorce, they make an agreement on the ownership of the property before marriage and during the existence of the marital relationship, and evade debts, (3) Use the company's legal person to evade debts, (4) Use the affiliated unit to conceal property or investment, (5) transfer the property to the name of the person who is the owner of the company or the property of the company is registered in the name of the investor;

6) The provision of property is incomplete or untrue, (7) the person subject to enforcement goes out to avoid enforcement, (8) the transfer of property at a low price or free of charge, infringing on the rights and interests of creditors, and (9) other acts of taking advantage of incomplete legal provisions to conceal property.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 248: Where the person subject to enforcement does not perform the obligations set forth in the legal documents and conceals assets, the people's court has the right to issue a search warrant to conduct a search of the person subject to enforcement and his residence or place where his property is hidden.

If the debtor conceals the transfer of property, the creditor can protect its legitimate rights and interests by exercising the right of revocation. If the right to write debts is legally and validly existing, and the debtor transfers property by concealment, resulting in a decrease in its own property register and a decrease in its ability to repay debts, thereby causing damage to the legitimate rights and interests of the creditor, the creditor may exercise the right of revocation on this basis, so that the debtor's act of disposing of the property will be invalid ab initio, and the property transferee shall return the property accordingly.

1. What should be done if the debtor maliciously transfers property and causes artificial harm.

If the debtor transfers property in bad faith, the creditor may exercise the right of revocation and apply to the people's court to revoke the transfer of the debtor's filial piety.

The debtor may exercise the right of avoidance under the following circumstances:

1.If the debtor waives its due creditor's rights or transfers its property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's act.

2.If the debtor transfers property at an obviously unreasonable low price or acquires the property of others at an obviously unreasonable price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act.

2. What should the debtor do if he transfers property in bad faith.

The debtor transfers property in bad faith, and the creditor may request the people's court to revoke the debtor's act. If the creditor enjoys the right of revocation in accordance with the law, and the debtor maliciously carries out the act of transferring property, affecting the realization of the creditor's creditor's rights, the creditor may exercise the right of revocation in accordance with the law, and once the debtor's act is revoked, it has no legal effect from the beginning.

Civil Code of the People's Republic of China

Article 538:Where the debtor disposes of its property rights and interests without compensation by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, or so on, or maliciously extending the time limit for the performance of its due creditor's rights, thus affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Article 539:Where the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.

Article 542:Where the debtor's act affecting the realization of the creditor's creditor's rights is revoked, it shall not be legally binding from the beginning.

The debtor's means of concealing assets include:

1) After receiving a copy of the indictment or judgment, a party conceals, transfers, sells, or destroys property that has been sealed or seized, or property that has been counted and ordered to be kept by it, or transfers property that has been frozen;

2) When the husband and wife voluntarily divorce, they make an agreement on the ownership of premarital property and property during the existence of the marital relationship, and evade the debts of the cultivators;

3) Evading debts by taking advantage of the company's status as a legal person;

4) Using affiliated units to conceal assets or investments;

5) Transferring property to another person's name or company property, such as a car, registered under the investor's personal name;

6) The provision of property is incomplete and untrue;

7) The person subject to enforcement goes out to avoid enforcement;

8) The transfer of property at a low price or free of charge infringes upon the rights and interests of creditors;

9) Other acts of taking advantage of incomplete legal provisions to conceal assets.

Legal basis] Article 248 of the Civil Procedure Law: Where the person subject to enforcement does not perform the obligations set forth in the legal documents and conceals assets, the people's court has the right to issue a search warrant to conduct a search of the person subject to enforcement, his residence, or the place where his property is hidden.