Experts: personal bankruptcy system in Shenzhen "ice-breaking" for the construction of a national reference system
Original title: Expert: personal bankruptcy system in Shenzhen "ice-breaking", a reference to build a national system since (hereinafter referred to as the "Regulations") implement the "Shenzhen Special Economic Zone Personal Bankruptcy Ordinance", first Personal bankruptcy reorganization case, the first case settlement The first case of liquidation and continue to produce, Shenzhen personal bankruptcy system to achieve all-round start.
However, many users are confused: are personal bankruptcy, so what’s the difference between these three? "Qianzhaihaiqian perfectly justified", whether debt relief to creditors unfair? What is the core value of personal bankruptcy system is that? With these questions, this reporter interviewed the Bankruptcy Law and Corporate Restructuring Research Center of China University of Political Science Chen Hong Xia.
Different solvency break choose a different program of personal bankruptcy since the "ice-breaking" steady progress in Shenzhen in July of this year, Shenzhen’s first birth of personal bankruptcy reorganization case; October, Shenzhen personal bankruptcy settlement first case settles; November, Shenzhen personal The first case of liquidation produce.
"" Regulations "provides a personal bankruptcy, reorganization and reconciliation programs into three categories, the debtor applies for different situations." Chen Hong Xia explained, "In simple terms, if temporary, although the debtor in trouble, but the future income can be expected, and you can the creditor shall, upon the two sides to discuss the results of restructuring or choose reconciliation. If the debtor in the future may not have a stable income, basically insolvent, then the situation is generally solved by liquidation. "in addition, the debtor, the three types of procedures in debt service is also different. "Personal bankruptcy liquidation means the debtor to come up with almost all of the property and be used to repay debt." Xia Chen Hung debtor to hand over the property imputation by the administrator, liquidation, creditors, again according to "pick the same, the same proportion." the principle of allocation, set a certain period of supervision after the assignment is completed.
After the expiration of the supervision period, giving relief to the debtor’s exemption, outstanding debt thus legally exempted, no longer repay. For personal bankruptcy reorganization, Chen Hong Xia explained that the debtor is not required to hand over the existing property, but the debtor needs to obtain the support of the creditors, the agreement within the next longer period, a certain proportion of fixed income on a monthly basis to managers in the reorganization plan, assigned by the administrator to the creditors.
The creditors vote, after court approval, the reorganization plan the implementation phase.
After machining, the outstanding debt legal exemption, no longer repay. "Although the three types of procedures have different requirements for the debtor, but one thing in common: the debtor must comply with the ‘honest and unfortunate’ standard." Xia Chen Hung said that in any program, if the debtor has swindling acts, on the one hand 上海徐汇桑拿哪家好 very hard through the review, can not enter the procedure for obtaining exemption; on the other hand, even lucky enough to get exemption, once discovered, not only to repay the debt has been exempted, even civil, criminal liability.
"Overall, the bankruptcy liquidation procedure is reveal all the details of the reconciliation, if the restructuring is not successful, it may be converted to liquidation.
"Chen Hong Xia summary.
Creditor in the transaction will be more rational to hedge risk on "Regulations" will affect creditors’ interests, Chen Hong Xia admits:. "Whether liquidation or reorganization, will inevitably affect the interests of creditors," Chen Hong Xia opinion, personal bankruptcy reorganization because of the debtor’s future income do support, a 上海品茶平台 creditor repayment rate will be higher, but need to wait for a long time; the lower the rate of bankruptcy liquidation, but can quickly put creditors, debtors freed from the shackles of debt. "Despite affect the interests of creditors, but personal bankruptcy creditors is not without benefits.
"He further explained, on the one hand, personal bankruptcy system allows creditors and debtors start their new life as soon as possible, rather than permanently locked in each other’s debt shackles; on the other hand, the risk of bankruptcy is one of the creditors of the business community must face, personal bankruptcy system will prompt creditors to reverse the transaction at a more rational, more sober, through various mechanisms to ensure the debt security guarantees.
Pilot a national break system constructed to provide a reference Chen Xia red that modern personal bankruptcy system as a relief system to the honest but unfortunate debtor freed from the mire of debt as the main target, trying to personal bankruptcy system, the debtor newborn chance. The core is innovation and entrepreneurship moderate adventure.
Personal bankruptcy system for innovative entrepreneurs and moderate adventure failed to provide a platform for a comeback.
"Shenzhen pilot central authority in the field of personal bankruptcy, because Shenzhen is the test of various reform initiatives in both the forefront.
"Chen Hong Xia said the personal bankruptcy system in Shenzhen" ice-breaking ", Shenzhen legislative, judicial, administrative and team managers should bear in mind that personal bankruptcy system as a national pilot important mission, you need the courage to explore in one particular case, through case stimulate imagination, insight, and experience a higher level of feedback as a national reference system construction.
(Reporter Zhang Yan) (Editor: Zhang Chenmu, Chen Yu column) share to allow more people to see.