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This is valid, if you have signed the agreement and the agreement is also valid, then the unlicensed factory that he has been bankrupt and idle for two years to pay off the debt is valid. If you are satisfied, please give a trouble, I wish you a happy life!
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Of course, an unlicensed factory building is invalid, because you can't use it to pay off your debts without relevant documents, because it doesn't belong to you, and it's not an asset that can be sold in a store.
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Hello, the company went bankrupt two years ago, there is no real estate certificate, and the mortgage is also valid if the contract is signed, thank you.
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is valid, although undocumented, but he is also the property of the company.
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The company went bankrupt, and the unlicensed factory building that repaid the debt in the first two years is invalid, because without a license, the factory mortgage does not have any legal effect.
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If there is a contract for an unlicensed factory building that has been repaid two years before the company's bankruptcy, it is valid, but if it is unlicensed, it means that the land is not the company's and belongs to the state, then it should have no effect.
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Before the company went bankrupt, he offset the unlicensed factory two years ago, but it was not effective, because he did not have a license, and if he did not have a certificate, he would not be able to do the offset.
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Whether the unlicensed factory building that was repaid two years before the company's bankruptcy is valid is of course valid, and as long as there is a notarization by a notary office or legal justice can be used as effective evidence, we must believe that the law can give us the greatest protection.
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Hello, the court ruled that unlicensed property cannot be enforced. According to Article 9 of the Property Law of the People's Republic of China, "the creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law;
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If the mortgage is made before the bankruptcy of the company, then it is valid, but the premise is that your mortgage contract does not meet the requirements of the law.
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At the same time, the unlicensed factory that paid off the debt two years before bankruptcy. It should still work. Since it's bankruptcy money, right? However, people may be entangled, you don't know whose factory is without a license, and if someone else has a certificate, you can't.
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Before the company goes bankrupt, the mortgaged plant should be valid, as long as the contract is signed.
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There is no use, there is no certificate, there is no property right, and the land, including the house, is owned by the state.
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The company went bankrupt two years before the arrival of the non-**, because this property is unlicensed, so it is not much use if she arrives, because now the real estate he needs to have a certificate, so if you need a certificate, it will be effective.
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The company went bankrupt, and the unlicensed factory that repaid the debt in the first two years must have a certain effect, and you can rest assured.
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An unlicensed factory is generally ineffective, because he does not have any documents, and no matter how much he petitions before the company goes bankrupt, it has no effect.
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The company went bankrupt, his mortgage for the first two years, his unlicensed factory is still valid, and we should all be protected by the law.
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The unlicensed factory that repays the debt for two years is ineffective, but the specific must be proved against the contract.
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Is the unlicensed factory valid for two years before the company's bankruptcy? This must be your personal property that does not belong to you in the unlicensed factory without laughing, this is someone else's, this is the public is not directly above or the state, this is ineffective.
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The company went bankrupt, and the unlicensed factory that repaid the debt in the first two years must be ineffective if the debt was repaid, and it will not belong to your own assets.
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In the first two years of the company's bankruptcy, the number of tickets increased by a quarter of a quarter. In this case, the company compensates for the first two years of the photo of the garment factory. Yes, he's compensating himself for two years of uh-uh a few factory buildings.
If he said that he was like this when he was three shops, he probably didn't come down, after all, he was compensating for the contact at the end of the year.
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Of course, it is effective, but it is necessary to provide relevant evidence, and it cannot be nothing.
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It should be invalid, and it should be determined according to local laws.
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This must not be effective, it was already insolvent two years ago, and what is the effect, it must be paid to others.
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Yu Guo is undocumented, and the claim is invalid, because there is no certificate, and others dare not ask for it, so no certificate is effective.
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Eat the unlicensed factory that was played two years before bankruptcy? There must be no drops, because your factory is built, how can you make a mortgage?
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This should not be under the order, because if I have an unlicensed official, it generally has no legal effect, so it will definitely have no effect.
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At most, I think that if it is an undocumented ward round, it should be invalid.
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If the debt has been paid, there should be a contract that should have legal effect.
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Whether the normal party that existed at the end of the two years prior to the company's bankruptcy is valid. If the company goes bankrupt, if a factory does not have a certificate, it is invalid, and it is indeed not less.
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Legal analysis: According to the law, after the bankruptcy of the company, for the secured debts, the creditor can require the company to pay off the debts with the bankruptcy estate in accordance with the statutory repayment ratio, and only if the company's bankruptcy estate is unable to pay off the debts, the creditor can require the mortgagor to bear the guarantee liability and give priority to the repayment of the mortgaged property.
Legal basis: Enterprise Bankruptcy Law of the People's Republic of China
Article 109 A person entitled to a security right in a specific property of a bankrupt person shall have the right of priority to be repaid for that specific property.
Article 110 Where a creditor enjoying the rights provided for in Article 109 of this Law fails to be fully repaid in exercising its priority right to be repaid, its unpaid creditor's rights shall be treated as ordinary creditor's rights; If the right to priority is waived, the creditor's right shall be treated as an ordinary creditor's right.
Article 113 The bankruptcy estate shall, after giving priority to the repayment of bankruptcy expenses and debts, be repaid in the following order: (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 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 flush contains insufficient assets 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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If the company goes bankrupt, whether the real estate in its name can be returned to the creditors as assets depends on whether the court has accepted the bankruptcy.
If the bankruptcy has not been accepted by the court, the real estate in the debtor's name can be repaid to the creditor through negotiation between the debtor and the creditor.
If the court has accepted the bankruptcy application, the property in the company's name belongs to the bankruptcy estate, which can only be disposed of through bankruptcy proceedings and cannot be directly repaid to creditors as assets.
The wages and medical treatment, disability allowance and bereavement pension 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.
Where the social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph, the taxes owed by the bankrupt person, the ordinary bankruptcy creditor's rights, and the bankruptcy estate are insufficient to pay off the repayment claims in the same order, they shall be distributed proportionally.
If you pay off your company's debts in bankruptcy, you may incur high litigation costs, so it is very uneconomical for your company to go bankrupt in this situation.
1. What is the order of repayment of the company's broken assets?
1. The order of repayment of enterprise bankruptcy is to pay off bankruptcy expenses and public welfare debts first, and 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 allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance premiums that should 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 and taxes owed by the bankrupt person other than those provided for in the preceding paragraph;
3) Ordinary bankruptcy claims.
If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.
2. The distribution plan of the bankruptcy estate shall specify the following matters:
1) The name or name and domicile of the creditor participating in the distribution of the bankruptcy estate;
2) the amount of claims participating in the distribution of the bankruptcy estate;
3) the amount of the bankruptcy estate available for distribution;
4) the order, proportion and amount of distribution of the bankruptcy estate;
5) Methods for implementing the distribution of the bankruptcy estate.
After the creditors' conference approves the bankruptcy property distribution plan, the administrator shall submit the plan to the people's court for approval.
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According to the law, as long as the enterprise legal person meets the bankruptcy conditions: it cannot pay off the debts due and the assets are insufficient to pay off all the debts or obviously lack the ability to pay off, it can apply to the court for bankruptcy.
Enterprise Bankruptcy Law of the People's Republic of China
Article 2 Where an enterprise legal person is unable to pay off its debts when due, and its assets are insufficient to pay off all debts or it obviously lacks the ability to pay off its debts, it shall liquidate its debts in accordance with the provisions of this Law.
Article 7 Under the circumstances provided for in Article 2 of this Law, the debtor may submit an application for reorganization, reconciliation or bankruptcy liquidation to the people's court.
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.
Article 135:Where other laws provide that the liquidation of organizations other than enterprise legal persons is bankruptcy liquidation, the procedures provided for in this Law shall be applied by reference.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Enterprise Bankruptcy Law of the People's Republic of China (1).
Article 1 Where the debtor is unable to pay off the debts due and has any of the following circumstances, the people's court shall determine that the debtor has the cause of bankruptcy:
1) The assets held are insufficient to pay off all debts;
ii) Manifest lack of solvency.
Where the relevant parties claim that the debtor does not have the cause of bankruptcy on the ground that the debtor is jointly and severally liable for the debtor's debts and the stupid person has not lost its solvency, the people's court shall not support it.
Article 2 Where the following circumstances exist at the same time, the people's court shall determine that the debtor is unable to pay off the debts due:
1) The creditor's rights and debts relationship of Lingqiaoqing is established in accordance with law;
2) the period for performance of debts has expired;
3) The debtor has not fully paid off its debts.
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Whether or not to use the property as an offset against your debt is premised on whether the ownership of the property has been transferred to you.
If the ownership of the house has been transferred to you, since the house is no longer the property of the enterprise, it will not be included in the property of the enterprise and added to the liquidation.
But if the ownership of the house is not transferred to you, then only the right to use the house is given to you. On this basis, what you get is actually the act of obtaining the right to use the house with the previous debt, that is, the enterprise uses the right to use the house to offset the debt. In the event of liquidation, the house will of course be added to the liquidation because the house is still one of the assets of the enterprise.
If you are based on the fact that the right to use the property does not fully offset the original debt, you can join the bankruptcy liquidation as a debtor.
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The so-called insolvency is actually divided into two situations.
The first is that the expansion of reproduction is too rapid, resulting in a serious pressure on funds, which in turn embezzles the funds of a large number of creditors, making the amount of debt exceed its own capital. This situation is a kind of business indigestion, and once there is a new capital investment or business payment, the situation can be changed; The second is insolvency due to the loss of principal caused by operating losses, which can only be alleviated unless new profitable projects join, but if it is long-term operating insolvency, it is difficult to have profitable new projects to join, in which case it is necessary to file for bankruptcy.
As for the auction of production qualifications, on the one hand, it is not feasible, and on the other hand, it is illegal. It is estimated that it is to find partners in the form of auctions, that is, OEM or cooperation with production qualifications. It's also a way to find funding for cooperation, and it's not bankrupt.
Revenue metrics compare the amount and proportion of increases and decreases.
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