Supreme People's Court, Guiding Opinions on Several Issues Concerning the Transfer of Enforcement Cases for Bankruptcy Review
最高人民法院关于执行案件移送破产审查若干问题的指导意见
May 09, 2017 | BY
Susan Mok &clp articles &Enforcement cases may be transferred for bankruptcy review.
Issued: January 20 2017
Main contents: The transfer of an enforcement case for bankruptcy review shall satisfy all of the following conditions:
(1) the judgment debtor being an enterprise with legal personality;
(2) the judgment debtor or the enforcement applicant in any enforcement case involving the judgment debtor agreeing in writing to the transfer of the enforcement case for bankruptcy review; and
(3) the judgment debtor being unable to discharge its debts due, and its assets being insufficient to discharge all of its debts or its clearly being insolvent.
Related legislation: PRC Enterprise Bankruptcy Law, PRC Civil Procedure Law and Interpretation on the Application of the <PRC Civil Procedure Law>
clp reference:2500/17.01.20 Issued:2017-01-20Issued: January 20 2017
Main contents: The transfer of an enforcement case for bankruptcy review shall satisfy all of the following conditions:
(1) the judgment debtor being an enterprise with legal personality;
(2) the judgment debtor or the enforcement applicant in any enforcement case involving the judgment debtor agreeing in writing to the transfer of the enforcement case for bankruptcy review; and
(3) the judgment debtor being unable to discharge its debts due, and its assets being insufficient to discharge all of its debts or its clearly being insolvent.
Related legislation: PRC Enterprise Bankruptcy Law, PRC Civil Procedure Law and Interpretation on the Application of the <PRC Civil Procedure Law>
clp reference:2500/17.01.20 Issued:2017-01-20This premium content is reserved for
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