What are the inappropriate insolvencies? What are the invalid acts of the bankruptcy law

1. Relevant departments, relevant financial institutions, enterprises, groups and individuals provide financial assistance to the debtor or help the debtor to pay off debts; Obtain a guarantee and be able to repay the debt within 6 months from the date of the bankruptcy application;

2. The debtor is insolvent, but it does not mean that it has lost its credit and the ability to repay its debts, and the debtor's insolvency should mean that it cannot repay its debts by any means such as property, credit or other capacity;

3. Bankruptcy is premised on the debtor's inability to pay off, and the failure to pay off is conditional on the maturity of the debt.

What is the process of filing for bankruptcy of a business: filial piety.

1. Enter the bankruptcy liquidation procedure;

2. Establish a liquidation group;

3. Full takeover of bankrupt enterprises;

4. Financial audit of bankrupt enterprises;

5. Liquidation and liquidation of bankruptcy property;

6. Formulate a plan for the distribution of bankruptcy property;

7. Formulate bankruptcy liquidation report;

8. Cancel the registration of the original bankrupt enterprise, request the court to terminate the bankruptcy procedure, and the liquidation group is formally revoked.

[Legal basis].Article 2 of the Enterprise Bankruptcy Law of the People's Republic of China.

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 clearly lacks the ability to pay off debts, 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 where there is a clear possibility of losing solvency, it may carry out reorganization in accordance with the provisions of this Law.

There are the following types of bankruptcy invalidations: 1. Concealment, private division or gratuitous transfer of property; 2. Property at a price lower than the normal market price; 3. Providing property security for invalid debts before bankruptcy liquidation; 4. Paying off the undue debts of individual creditors in advance; 5. Give up your own creditor's rights.

[Legal basis].

Article 16 of the Hidden Enterprise Bankruptcy Law of the People's Republic of China After the people's court accepts the bankruptcy application, the debtor's debt repayment to individual creditors is invalid. Article 17 of the Enterprise Bankruptcy Law of the People's Republic of China provides that after the People's Court accepts the bankruptcy application, the debtor or property holder of the debtor shall pay off the debts or deliver the property to the administrator. Where the debtor's debtor or property holder intentionally violates the provisions of the preceding paragraph to collect debts or deliver property to the debtor, causing losses to the creditor, it is not exempted from the obligation to pay off debts or deliver property.

Legal analysis: Article 35 of the original Enterprise Bankruptcy Law stipulates that "during the period from six months before the people's court accepts the bankruptcy case to the date of bankruptcy declaration, the following acts of the bankrupt enterprise shall be invalid:

concealment, private division or transfer of property without compensation; Abnormal price reduction ** property; providing property security for debts that were not previously secured by property; early settlement of outstanding debts; Waiver of your own claims.

Legal basis: Article 33 of the Bankruptcy Law of the People's Republic of China The following acts involving the debtor's property are invalid: (1) concealing or transferring property for the purpose of evading debts; (2) Fictitious debts or admitting untrue debts.

This article is a quiet provision on bankruptcy invalidation, and the whole article has a total of one key hole payment, specifically stipulating two kinds of acts related to the debtor's property that should be invalidated.

The provisions on invalid acts in bankruptcy are: invalid acts involving the debtor's property include concealment or transfer of property for the purpose of evading debts and evading debts; Fictitious debts or admitting untrue debts. The administrator has the right to recover the debtor's property acquired as a result of this act.

[Legal basis].Article 33 of the Enterprise Bankruptcy Law of the People's Republic of China.

The following acts involving the unfinished property of the debtor are invalid:

1) Concealing or transferring property for the purpose of evading debts;

(2) Fictitious debts or admitting untrue debts.

Article 34.

The manager has the right to recover the debtor's property acquired as a result of the acts provided for in Articles 31, 32 or 33 of this Law.

Bankruptcy invalidation refers to the disposition of property that the debtor improperly reduces the bankruptcy property or violates the principle of fair repayment when the debtor is in bankruptcy, thereby causing damage to the general repayment interests of creditors and should be confirmed as invalid in accordance with the law. Article 33 of the Enterprise Bankruptcy Law stipulates that the following acts involving the debtor's property are invalid: (1) concealing or transferring property for the purpose of evading debts; (2) Fictitious debts or admitting unreal debts.

The general legal consequence of an invalid act is restitution. Bankruptcy invalidation is no exception. Reinstatement is the restoration of legal relations and ownership of property to the state they were in before the act occurred.

Therefore, for the bankruptcy invalidity, firstly, its effect should be extinguished retroactively, and secondly, the property that has been paid should be returned. To this end, the bankruptcy law establishes the right of denial and the right of recovery, so that the manager of the bankruptcy estate can correct and seek recourse against the invalidity of bankruptcy in accordance with the law. If a bankrupt enterprise commits any of the acts listed in Article 33 of the Enterprise Bankruptcy Law, resulting in the inability to recover the enterprise's property and causing actual losses, the liquidation group may file a civil lawsuit against the bankrupt enterprise's original legal representative and directly responsible personnel to demand that they bear civil liability for compensation.

Article 190 of the Law of the People's Republic of China on Doing Poor Distribution Companies provides that if a company is declared bankrupt in accordance with the law, bankruptcy liquidation shall be carried out in accordance with the law on enterprise bankruptcy.

Legal Analysis: Bankruptcy invalidation refers to the disposition of property that the debtor improperly reduces the bankruptcy property or violates the principle of fair repayment in the bankruptcy state, thereby causing damage to the general repayment interests of creditors and should be confirmed as invalid in accordance with the law.

Legal basis: Article 33 of the Enterprise Bankruptcy Law of the People's Republic of China The following acts involving the debtor's property are invalid:

1) Concealing or transferring property for the purpose of evading debts;

(2) Fictitious debts or admitting untrue debts.