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The Case Of Bankruptcy Of Enterprises

Posted on:2012-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:J TianFull Text:PDF
GTID:2166330335970686Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
A paper cited the company's bankruptcy case, in this case related to the bankruptcy law in terms of procedural and substantive issues. The following three aspects and a detailed analysis:the case of insolvency proceedings on insolvency administrator, the creditors reconciliation issues related to reorganization of the program; on the case of bankruptcy claims in the legal system entities, and other ex- issues related to revocation of the right; on the debtor, management and creditors in bankruptcy-related legal liability issues of responsibility in the analysis.Hong Xing bankruptcy case through the analysis of the case has raised some controversy and focus problems and issues and summarized. The case of insolvency proceedings on the analysis of the duties of the insolvency administrator, conditions and legal responsibilities of elected analyzed; autonomous factors on the creditors, the powers and duties of a meeting of creditors analyzed; on the proposed settlement and reorganization proceedings and resolutions on matters such as procedural and legal practice, in theory, have carried out analysis. Meanwhile, the insolvency law system entities define the scope of the claims, claims made to identify and repayment claims analysis; on the specificity and other ex priority claim analyzed; and the right to revoke the system in theory and an analysis of aspects of legal practice. Finally, the debtor, the insolvency administrator and creditors in the legal responsibility of the relevant responsibilities.Finally, the case reflects the problems and case analysis, some conclusions are drawn based on the bankruptcy of enterprises in the legal system of the System of the insolvency administrator, the proposed system should be set up in the manager of an administrator monitoring mechanisms; of reconciliation and re-engineering process system based on the analysis that matters, whether in theory should encourage enterprises to actively in the exercise of bankruptcy rehabilitation program to achieve maximum economic and social benefits; to reflect on the avoidance behavior in the paid time that the debtor is bankrupt right to revoke the malicious elements established, the beneficiary malicious exercise of the right to revoke the bankrupt elements, that is, double the debtor and the beneficiary can lead to malicious paid in the behavior of the estate to be revoked.
Keywords/Search Tags:bankruptcy law, insolvency administrator, restructuring and reconciliation, Avoidance
PDF Full Text Request
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