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企業(yè)破產(chǎn)法word版(完整版)

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【正文】 d to the inability of the debtor to repay debts that are due. Article 8 The debtor, upon the agreement of its superior departments in charge, may apply for the declaration of bankruptcy. When the debtor is submitting the bankruptcy application, it shall explain the circumstances of the enterprise39。s Republic of China on Enterprise Bankruptcy (For Trial Implementation) (Adopted at the 18th Meeting of the Standing Committee of the Sixth National People39。 (2) enterprises that have obtained guarantees for the repayment of debts within six months from the date of the application for bankruptcy. With respect to enterprises for which creditors file for bankruptcy, bankruptcy proceedings shall be suspended if the enterprise39。s court and explain the amount of the claims, as well as whether or not they are secured with property, and also deliver relevant materials of proof. Creditors who do not report their claims during these periods shall be deemed to have automatically abandoned their claims. The people39。 meeting. Members of the creditors39。 meeting are: (1) to examine materials of proof relating to the claims, and to confirm the amount of such claims and whether or not the claims are secured with property。s court for judgment. Chapter IV Settlement and Reorganization Article 17 With respect to an enterprise for which the creditors apply for bankruptcy, the superior departments in charge of the enterprise that is the subject of the bankruptcy application may, within three months after the people39。s court, terminate reorganization and declare its bankruptcy: (1) not implementing the settlement agreement。 and (3) if, upon the expiration of the period of reorganization, it is unable to repay debts in accordance with the settlement agreement. Article 24 The people39。 however, the interest that is not yet due shall be deducted. Article 32 With respect to claims secured with property that are established before bankruptcy is declared, the creditors enjoy the right to receive repayment with priority with respect to such security. With respect to claims that are secured with property whose amount exceeds the value of the security collateral, the part that is not repaid constitutes a bankruptcy claim, and will be repaid in accordance with the bankruptcy proceedings. Article 33 Creditors who owe debts to the bankrupt enterprise may offset them before the bankruptcy liquidation. Article 34 Priority shall be given to saving the following bankruptcy expenses from the bankruptcy property: (1) the expenses needed for the management, sale and distribution of the bankruptcy property, including the expenses of hiring work personnel。 and (5) abandonment of the enterprise39。 where the acts of the legal representative and the directly responsible personnel of the bankrupt enterprise constitute crimes, criminal responsibility shall be investigated in accordance with the law. Article 42 After an enterprise is declared bankrupt, the government supervisory departments and audit departments are responsible for pinpointing the responsibility for the bankruptcy of the enterprise. Where the legal representative of the bankrupt enterprise bears the major responsibility for the bankruptcy of the enterprise, administrative sanctions shall be applied. Where the superior departments in charge of the bankrupt enterprise bear the major responsibility for the bankruptcy of the enterprise, administrative sanctions shall be applied to the leaders of such superior departments in charge. With respect to the legal representative of the bankrupt enterprise and the leaders of superior departments in charge of bankrupt enterprise who, owing to neglect of duty, caused the bankruptcy of the enterprise, resulting in the major loss of State property, criminal responsibility shall be investigated in accordance with Article 187 of the Criminal Law of the People39。s court to recover the property
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