What are the responsibilities of enterprise bankruptcy reorganization and self management?

1. As the statutory authority for the management and disposal of the bankruptcy estate, the duties of the bankruptcy administrator refer to the rights and obligations enjoyed by the bankruptcy administrator in the bankruptcy proceedings in accordance with the law. The bankruptcy administrator completes the bankruptcy estate independently.

In the production of enterprise bankruptcy reorganization and self-management, it is first necessary to reorganize and adjust the original structure of the enterprise, which is more suitable for the enterprise and saves the remaining structure.

If the company goes bankrupt, you need to file for bankruptcy, and then if you want to reorganize yourself, then do it yourself.

The duty of enterprise bankruptcy reorganization and self-operation is to grasp the details well. The company will go bankrupt, and there must be many aspects that have not been done well, including his performance and sales.

1. Take over the bankrupt enterprise in an all-round way.

After the debtor is declared bankrupt, it becomes a bankrupt, the enterprise legal person becomes a liquidation legal person, and all the property owned by the bankrupt person is regarded as the object of general enforcement, and all the property shall be transferred to the bankruptcy administrator for management and disposal.

2. Custody and liquidation of the bankruptcy estate.

After taking over the bankruptcy estate, the bankruptcy administrator shall properly protect and manage it to prevent the bankruptcy estate from suffering accidental or man-made losses.

3. Carry out civil activities in the name of a bankrupt enterprise.

After the bankrupt person transfers the bankruptcy estate to the bankruptcy administrator, the bankrupt person does not lose the ownership of the bankruptcy estate, but loses the right to possess, dispose of and dispose of the bankruptcy estate, and also loses the right to carry out appropriate civil activities in its own name with respect to the bankruptcy estate. The bankruptcy administrator has obtained the right to carry out the necessary civil activities in the name of the bankruptcy administrator with the bankruptcy estate as the subject matter.

4. Liquidation of bankruptcy estate.

The bankruptcy administrator shall re-evaluate the bankruptcy estate, and the residual value of the fixed assets that have been depreciated shall be re-valued, and the defective and deteriorated property shall be calculated by changing the value, and if it is not necessary to change the value, it shall be valued at the original value.

5. Handle the cancellation registration of the bankrupt.

What are the responsibilities of enterprise bankruptcy reorganization and self-management? Ask a professional.

In the future, it will be reorganized, and in the end, if you want to be so famous, you must go on the premise of developing the economy. Ensure the livelihood security of employees.

What should be worth the chicken exhibition self-operated? When one of my volunteer medical workers came to work, I didn't care about it, saying that capital marketing brings profits to our workers.

The responsibility of an enterprise for bankruptcy reorganization and self-operation is to preserve assets and to achieve self-revenue and self-support as much as possible.

What are the responsibilities of overnight bankruptcy reorganization and self-operation? The duty of corporate bankruptcy should be to start anew.

If the enterprise goes bankrupt, if Chongzhen's self-operated duty is to be honest.

Legal analysis: According to the specific circumstances, the bankruptcy reorganization management operator is different. In the case of enterprise reorganization, if the court allows the self-reorganization funds, the funds are generally managed by the legal representative of the enterprise, and if the enterprise reorganization court appoints an administrator, the funds are fully managed by the bankruptcy administrator.

Legal basis: Enterprise Bankruptcy Law of the People's Republic of China

Article 89 The debtor shall be responsible for the implementation of the reorganization plan. After the people's court rules to approve the reorganization plan, the administrator of Gao Shiliang, who has taken over the financial and business affairs, shall hand over the property and business affairs to Qi Kuan's debtor.

Article 90 From the date on which the people's court rules to approve the reorganization plan, the manager shall supervise the implementation of the reorganization plan during the supervision period provided for in the reorganization plan. During the supervision period, the debtor shall report to the administrator on the implementation of the reorganization plan and the debtor's financial status.

Article 93 Where the debtor is unable to execute or fails to execute the reorganization plan, the people's court shall, at the request of the manager or interested parties, rule to terminate the execution of the reorganization plan and declare the debtor bankrupt. If the people's court rules to terminate the implementation of the reorganization plan, the creditor's commitment to adjust the creditor's rights made in the reorganization plan shall become invalid. The repayment received by the creditor due to the implementation of the reorganization plan is still valid, and the part of the claim that has not been paid off is regarded as a bankruptcy claim.

The creditors provided for in the preceding paragraph may continue to receive distributions only when other creditors in the same rank reach the same proportion of the repayment they have received. In the circumstances provided for in the first paragraph of this Article, the guarantee provided for the implementation of the reorganization plan shall continue to be valid.

The bankruptcy reorganization administrator refers to the bankruptcy reorganization period, upon the application of the debtor and the approval of the people's court, the debtor can manage its property and business affairs on its own under the supervision of the administrator. If the duties of the bankruptcy reorganization administrator are to be responsible for the management of property and business affairs, the debtor's management personnel shall be appointed to be responsible for business affairs.

[Legal basis].Article 73 of the Company Law of the People's Republic of China.

During the reorganization period, 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 administrator. 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.

Article 74 of the Enterprise Bankruptcy Law of the People's Republic of China.

If the manager is responsible for the management of property and business affairs, the debtor's management personnel may be appointed to be responsible for business affairs.

Legal analysis: After bankruptcy reorganization, the enterprise will be operated by the bankruptcy administrator. The duties of the bankruptcy administrator are mainly in the following five aspects:

1. Take over the bankrupt enterprise in an all-round way. After the debtor is declared bankrupt, it becomes a bankrupt, the enterprise legal person becomes a liquidation legal person, and all the property owned by the bankrupt person is regarded as the object of general enforcement, and all the property shall be transferred to the bankruptcy administrator for management and disposal.

2. Custody and liquidation of the bankruptcy estate.

3. Carry out civil activities in the name of a bankrupt enterprise.

4. Liquidation of bankruptcy estate.

5. Handle the cancellation registration of the bankrupt.

Legal basis: "Enterprise Bankruptcy Law of the People's Republic of China".

Article 25 The manager shall perform the following duties:

1) Take over the debtor's property, seal, account books, documents and other materials;

2) Investigate the debtor's property status and prepare a property status report;

3) to decide on the internal management of the debtor;

4) Decide on the debtor's daily expenses and other necessary expenses;

5) Before the first meeting of creditors, decide to continue or stop the debtor's business and judgment;

6) manage and dispose of the debtor's property;

7) Participate in litigation, arbitration or other legal procedures on behalf of the debtor;

8) propose to convene a meeting of creditors;

9) Other duties that the people's court finds the manager should perform.

Where this Law has other provisions on the duties of managers, those provisions shall apply.

1. The debtor's business plan;

2. Classification of creditor's rights;

3. Creditor's rights adjustment plan;

4. Creditor's rights repayment plan, as well as the notice to creditors and the announcement of creditor's rights declaration;

5. The implementation period of the reorganization plan;

6. The supervision period for the implementation of the reorganization plan;

7. Other schemes that are conducive to the debtor's reorganization.

1. How long does it take to restructure the debts of private enterprises?

The debt restructuring of private enterprises generally takes about half a year. According to the relevant laws and regulations, debt restructuring refers to the matter in which the creditor company makes concessions in accordance with the agreement reached with the debtor company or the court's ruling when the debtor company is in financial difficulties. The debtor or creditor may directly apply to the people's court for reorganization of the debtor, and shall provide a reorganization plan within six months from the date on which the people's court rules on the reorganization of the debtor.

2. How to liquidate the company's liquidation.

The specific process of liquidation of the company is as follows: 1. Establish a liquidation group and file it, and when the company is dissolved or liquidated, the liquidation group shall file the names of the members and persons in charge of the liquidation group with the company registration authority within 10 days from the date of establishment; 2. The liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days; 3. For the declaration and registration of creditor's rights, the creditor shall declare the creditor's rights to the liquidation group within 30 days from the date of receipt of the notice, and if it does not receive the notice, within 45 days from the date of the announcement; 4. Clean up the company's property, prepare the balance sheet and property list, formulate the liquidation plan, and report it to the shareholders' meeting or the court for confirmation; 5. Implement the liquidation plan and distribute the property.

3. What functions and powers are exercised by the creditors' conference.

The functions and powers that the creditors' conference may exercise are: (1) verification of creditor's rights; (2) Applying to the people's court to replace the manager, and reviewing the manager's fees and remuneration; (3) Supervisors and supervisors; (4) electing and replacing members of the creditor committee; (5) decide to continue or stop the debtor's business; (6) Adopt the reorganization plan. Wait a minute.

Article 7 of the Enterprise Bankruptcy Law.

Under the circumstances provided for in Article 2 of this Law, the debtor may apply to the people's court for reorganization, reconciliation or bankruptcy liquidation.

If the debtor is unable to pay off the debts due, the creditor may apply to the people's court for reorganization or bankruptcy liquidation of the debtor.

Where an enterprise legal person has been dissolved but has not been liquidated or has not been liquidated, and its assets are insufficient to pay off its debts, the person who bears the responsibility for liquidation in accordance with law shall apply to the people's court for bankruptcy liquidation.

Legal analysis: 1. For litigation or pending arbitration that has been conducted before the conclusion of the bankruptcy proceedings, the administrator shall continue to perform the function of litigation or arbitration representative after the conclusion of the bankruptcy proceedings. Because it is still an unfulfilled function of the administrator and a statutory function to be performed for the benefit of the insolvent creditors.

2. For the unrecovered property that has been carried out before the conclusion of the bankruptcy proceedings and included in the liquidation of the bankruptcy estate, the administrator shall continue to perform the liquidation function after the conclusion of the bankruptcy proceedings. Because the unrecovered property at this time is essentially the common property of all creditors, the administrator carries out liquidation activities for the benefit of creditors and not for the bankruptcy debtor.

3. For litigation or arbitration that has not been carried out before the conclusion of the bankruptcy proceedings or claims or property rights and interests that have not yet been confirmed, the administrator cannot continue to conduct civil litigation in the name of the bankruptcy debtor after the bankruptcy proceedings are concluded.

Legal basis: Enterprise Bankruptcy Law of the People's Republic of China

Article 120 Where a bankrupt person has no property to distribute, the administrator shall request the people's court to rule to terminate the bankruptcy proceedings.

After the final distribution is completed, the administrator shall submit a report on the distribution of bankruptcy property to the people's court in a timely manner and request the people's court to rule on the termination of the bankruptcy proceedings.

The people's court shall, within 15 days from the date of receipt of the administrator's request to terminate the bankruptcy proceedings, make a ruling on whether to terminate the bankruptcy proceedings. Where the ruling is concluded, it shall be announced.

Article 121 The administrator shall, within 10 days from the date of the conclusion of the bankruptcy proceedings, apply for cancellation of registration with the original registration authority of the bankrupt person with the ruling of the people's court to terminate the bankruptcy proceedings.

Article 122: Managers are to terminate the performance of their duties on the day after the completion of deregistration. However, there is an exception for cases where litigation or arbitration is pending.

Article 123 Within two years from the date on which the bankruptcy proceedings are concluded in accordance with the provisions of Paragraph 4 of Article 43 or Article 120 of this Law, under any of the following circumstances, the creditor may request the people's court to make additional distributions in accordance with the distribution plan of the bankruptcy estate:

1) Where it is discovered that there is property that shall be recovered in accordance with the provisions of articles 31, 32, 33, or 36 of this Law;

2) It is discovered that the bankrupt person has other property that should be used for distribution.

Where there are circumstances provided for in the preceding paragraph, but the amount of property is insufficient to pay for the distribution costs, the people's court is not to carry out additional distribution, and the people's court is to hand it over to the state treasury.

The bankruptcy reorganization administrator refers to the bankruptcy reorganization administrator, which can manage its property and business affairs under the supervision of the administrator upon the application of the debtor and the approval of the people's court during the bankruptcy reorganization period. If the duties of the bankruptcy reorganization administrator are to be responsible for the management of property and business affairs, the debtor's business manager shall be appointed as a code keeper to be responsible for business affairs.

Article 73 of the Company Law of the People's Republic of China 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 administrator. In the case of the circumstances provided for in the preceding paragraph, the administrator who has taken over the debtor's property and business affairs in accordance with the provisions of this Law shall transfer the property and business affairs to the debtor in a proper manner, and the functions and powers of the manager provided for in this Law shall be exercised by the debtor. Article 74 of the Enterprise Bankruptcy Law of the People's Republic of China Where the administrator is responsible for the management of property and business affairs, the debtor's business management personnel may be appointed to be responsible for business affairs.

To apply for bankruptcy reorganization, the following materials should be submitted: 1. Application for enterprise reorganization; 2. The nature, amount, whether there is security or not, and evidence attached; 3. Evidence that the debtor is unable to repay the debts due (the creditor's rights have been confirmed by effective legal documents, and the creditor must submit the basis for applying for compulsory enforcement, and the creditor must submit the basis for chasing and collecting from the debtor); 4. Proof of the debtor's subject qualifications; 5. The debtor's residence, office address, person in charge and contact information, and property clues; 6. Other materials that the parties believe should be submitted to the court. [Legal basis].

Company 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 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.