| The core issue of this study is the scope of cross-border insolvency estate. In accordance with the provisions of the law, property which require inclusion of the estate, is an issue in a bankruptcy case need to be considered. Accurately define the property debt, the debtor’s assets to maximize the insolvency proceedings are the most important elements. Debtor misconduct forced bankruptcy proceedings correction is fair that managers can also give full play to the important position on the role of managers should this responsibility.Chinese 15th Bankruptcy Law Forum which held in the estate made a special forum in 2012.The meeting noted that the bankruptcy practice, there are six major issues in terms of the debtor’s property:property range, maximizing the value of the property, the timing of disposal of property, property assessment dispute, property management dispute, the distribution of property dispute and many other issues. In terms of cross-border insolvency, there are also conflicts in different countries of bankruptcy law provisions estate caused. This paper chose to resolve the problems in this regard. In defining the scope of the estate there is controversy in the country, for example, how the property delineated the scope of securities companies financial institutions involved in the issue of business licenses, financial resources, more controversial, has been disposed of before entering bankruptcy proceedings, are not included in the bankruptcy assets the scope of these resources that go? Securities companies, for example, the business department at a lower price before the bankruptcy that transfer out,80% -90%of the sales department is the site of a flop, none of the original creditors and shareholders receive fair consideration. The maximum value of the assets of a company does not consist of dairy, milk supply is a huge market and marketing network, once the liquidation, these resources are difficult to incorporate the bankruptcy property distribution to creditors, but to assess their overall operational reorganization value is usually these resources will be included in the scope of the property. According to the principle of speaking, the value is greater than the liquidation value continue to operate, it is regrettable that these companies are gone liquidation procedures.China’s current "Enterprise Bankruptcy Law" for cross-border insolvency provisions of a breakthrough, but just a few lines of the provisions still remain in the theoretical stage, cross-border insolvency cases encountered in our current practice is concerned. Currently, cross-border insolvency on a number of international documents, especially the Model Law and the EU rules to get more and more attention, but the country must actively facilitate international investment activities of finding the right balance in regulating economic activity and creation needs.Due to the acceleration of global capital flows, market efficiency and risk are increasing, especially in the United States occurred in the Enron bankruptcy in recent years, the international community, WorldCom bankruptcies and other large bankruptcy cases, bankruptcy law, especially transnational insolvency law presents new challenges. Economic globalization and diversity promotes the integration of cross-border insolvency law and unity among countries jointly seek a unified mechanism to deal with cross-border insolvency rules bankruptcy.Based on the United States, Germany, Japan and other countries to do the bankruptcy legislation of certain provisions of the insolvency estate research, as well as the Model Law and EU legislation revelation of insolvency rules, trying to sort out the situation in cross-border insolvency estate if there is a dispute how to solve the next problem.In this paper, analysis and comparison analysis, empirical analysis and logical analysis of how to define the scope of cross-border insolvency estate and how to resolve insolvency estate controversial issues demonstrated. |
