How to recover the company s bankruptcy debts, and who will repay the company s bankruptcy debts

Enterprise bankruptcy refers to a legal system in which the creditor or debtor applies to the court to declare bankruptcy and repay the debts in accordance with the bankruptcy procedure when the debtor is unable to repay its debts or is insolvent. So what to do when the bankrupt company goes bankrupt and the bankrupt's property is not enough to repay all the debts? According to Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China, firstly, the bankrupt shall first repay the wages, medical treatment, disability allowance and bereavement expenses owed by the bankrupt person, the basic pension 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; secondly, to repay the bankrupt person's outstanding social insurance premiums and taxes owed by the bankrupt; Finally, the ordinary bankruptcy claims will be repaid.

If the estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately. To sum up, after the enterprise goes bankrupt, it shall repay the debts on all the property of the bankrupt person, and if it cannot repay the whole amount, it shall strictly abide by the provisions of the law and repay it in the order of repayment. Legal basis:

Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China Article 113 The bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and common debts: (1) the wages and medical treatment, disability subsidies and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses owed to 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 other than those provided for in the preceding paragraph and the taxes owed by the bankrupt; (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.

1.If the new company and the original debtor company are the same person in charge, they have the right to summon the person in charge of the new company by suing the original company of the debtor. A court inquiry is conducted to find out whether the assets of the original debtor company have been transferred to the name of the new company.

2.If the creditor has sufficient evidence to prove that the new company is just a remodeled company of the original debtor company, he can present evidence to the person in charge through a lawyer to force the original debtor to actively repay the loan. If the debtor does not take the initiative to cooperate, it can resort to law, and it should be noted that such evidence must be written documents and evidence.

3.If the person in charge or shareholder of the original debtor company has issued a written guarantee for repayment or the new company has issued a written commitment to repay, then the debt can be recovered from the person in charge or shareholder of the debtor company or the new company on this basis.

What are the responsibilities of a bankrupt legal person of a limited liability company:

The bankruptcy application of a limited liability company is generally decided by the legal person independently, and each responsibility **** has a legal representative, if it is a state-owned enterprise, the opinion of the legal representative should be the opinion of the competent department at the next higher level.

If it is not a state-owned enterprise, the legal representative should represent the opinions of shareholders and the board of directors.

When a limited liability company declares bankruptcy and the legal person's right to handle affairs disappears, the legal person does not need to bear the corresponding legal liability and does not need to bear the debts of creditors. According to Article 3 of the Company Law, a company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

All debts after the bankruptcy of the enterprise shall be borne by the company. The company is liable for the debts of the company with all its property. According to the relevant laws and regulations, the court will declare bankruptcy only if it finds that the bankruptcy conditions are indeed met after actual review.

Once the court has declared bankruptcy, it cannot apply for reorganization.

Legal basis] Article 2 of the Enterprise Bankruptcy Law.

If the enterprise law is unable to pay off the debts due, and the assets are insufficient to pay off all the debts or obviously lack the ability to pay off, the debts shall be liquidated 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. 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, after the people's court accepts the bankruptcy application but before the debtor is declared bankrupt, 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.