-
1.The company has auctioned off its fixed assets, and on another level, it should have other creditors. 2.In addition, the bankruptcy law does not stipulate whether an employee is a creditor, and I believe that the same rights can be exercised as a creditor.
3.Convene a creditors' meeting of all creditors and declare in accordance with the law.
4.If the enterprise is unable to pay off its debts as they fall due and its assets are insufficient to pay off all its debts or it is clearly insolvent, it can file for bankruptcy.
5.Directly file a lawsuit with the people's court.
-
Apply to the court for enforcement. The use of cars by other shareholders will be reported to the Executive Board, and the Executive Board will investigate.
The law does not clearly stipulate whether an employee should file for bankruptcy of the company. However, employee claims are not regarded as bankruptcy claims, and from the perspective of protecting the weak, employee claims only enjoy the priority right to be repaid as stipulated in the bankruptcy law.
Therefore, I personally believe that employees cannot file for bankruptcy as creditors.
-
Immediately inform the judge in charge of the case and appoint your lawyer to assist the judge in property preservation.
-
You can file a lawsuit in court to apply for property preservation measures.
-
Beijing Borong Law Firm.
Finding a car requires a certain amount of strength! I am in Beijing, and I receive legal assistance in enforcement, and I can pay the ** fee after receiving the compensation!
-
You are more practical, and it is more difficult to find a car, so you can do it through multiple channels.
-
Legal Analysis: A car that has been seized cannot be bought unless it is auctioned by the court. The seized vehicles have not been handled by the court and cannot be bought or sold or transferred.
As for the Fei Danyuan paid for the purchase of the car, you can choose to sue the ** party in a separate case. However, if you know that the other party's vehicle is a vehicle seized by the court and continue to buy it, the act constitutes an illegality.
Legal basis: "Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts" Article 21: The sealing, seizure, or freezing of the property of the person subject to enforcement shall be limited to the amount sufficient to pay off the amount of the creditor's rights and enforcement costs determined in the legal documents, and shall not be sealed, seized, or frozen in an amount that clearly exceeds the standard.
-
Legal analysis: 1. Before enforcement, the court should distinguish whether the identity of the person subject to enforcement is a legal person or other organization or a citizen. The different identities of the person subject to enforcement will also make the court adopt different methods.
2. Specific sealing and seizure procedures. For citizens, the court shall notify the person subject to enforcement or his adult family members to appear, and at the same time, the basic level organization where his work unit or property is located shall also send people to participate. If the person subject to enforcement is a legal person or other organization, the court shall notify its legal representative or principal responsible person to be present because its form is different from that of an ordinary citizen.
3. The executor Gao Rula must make a list of the property that has been sealed or seized, and after being signed or sealed by the person present, give a copy to the person subject to enforcement. If the person subject to enforcement is a citizen, a copy may also be given to his adult family members at the same time. This approach can not only make the property that has been sealed or seized simple and clear, but also protect the property of the person subject to enforcement from being reasonably and appropriately enforced.
Legal basis: Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts
Article 1: People's courts sealing, seizing, or freezing the movable property, immovable property, and other property rights of persons subject to enforcement shall make a ruling and serve them on the person subject to enforcement and the person applying for enforcement.
Where the adoption of sealing, seizure, or freezing measures requires the assistance of relevant units or individuals, the people's court shall draft a notice of assistance in enforcement, and send it to the person assisting in enforcement together with a copy of the ruling. The sealing, seizure, or freezing ruling and the notice of assistance in enforcement shall take legal effect when they are served.
Article 2: People's courts may seal, seize, or freeze movable property in the possession of the person subject to enforcement, immovable property registered in the name of the person subject to enforcement, specific movable property, and other property rights.
For unregistered buildings and land use rights, the ownership shall be determined on the basis of the approval documents of the land use rights and other relevant evidence.
Where a third party confirms in writing that the movable property or immovable property, specific movable property, or other property rights registered in the name of a third party belongs to the person subject to enforcement, the people's court may seal, seize, or freeze the movable property in the possession of a third party.
-
Vehicles seized by the court in the course of enforcement procedures shall not go through formalities such as mortgage and transfer, and shall not change the ownership status of the vehicle's existing property. If the state wants to unseal the vehicle, the respondent needs to perform the judgment or provide other guarantees. If the judgment has been actually performed, you can go to the court to apply for the seizure to be lifted.
After the court issues a ruling on the dismissal, take the ruling to the DMV to unseal it. The seizure status of the vehicle is released.
Provisions on the registration of motor vehicles》 Article 26 In any of the circumstances provided for in Article 9 (1), (7), (8) and (9) or Article 20 (2) of these Provisions, the mortgage registration shall not be handled. Where the certificate or voucher submitted by the owner of the motor vehicle is invalid, or the motor vehicle is investigated by the people's court, people's procuratorate, or administrative law enforcement department in accordance with the law, the registration of the mortgage shall not be lifted.
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. >>>More
The application for a declaration of death must be made by an interested person of the missing person. Including: (1) spouse; (2) Parents and children; (3) Siblings, grandparents, grandchildren, and grandchildren; (4) Other persons with civil rights and obligations. >>>More
Assumed liability refers to the legal phenomenon in which the creditor or the debtor transfers all or part of the debt to a third party by entering into an agreement with a third party to transfer the debt without changing the contract. >>>More
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. >>>More
First of all, according to Article 33 of the Inheritance Law of the People's Republic of China, the inheritance shall pay off the taxes and debts that the decedent shall pay according to law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. >>>More