Current location - Education and Training Encyclopedia - Education and training - Company bankruptcy application procedure
Company bankruptcy application procedure
Legal analysis: the general process of a company applying for bankruptcy is as follows: first, the creditor or debtor applies for bankruptcy to the people's court and submits a bankruptcy application; Second, after the court accepts the bankruptcy application, the ruling will be served to the applicant within five days, and the company will formally enter the bankruptcy proceedings; Third, set up a bankruptcy liquidation group to manage the creditor's rights and debts during liquidation; Fourth, the people's court declared bankruptcy and cancelled company registration according to law.

Legal basis: Article 70 of the Enterprise Bankruptcy Law of the People's Republic of China. The debtor or creditor may directly apply to the people's court for reorganization of the debtor in accordance with the provisions of this law. Where the creditor applies for bankruptcy liquidation of the debtor, after the people's court accepts the bankruptcy application and before declaring the debtor bankrupt, the debtor or investors whose capital contribution accounts for more than one tenth of the registered capital of the debtor may apply to the people's court for reorganization. Article 187 of the Company Law of People's Republic of China (PRC) * * * If the liquidation group finds that the company's assets are insufficient to pay off debts after clearing the company's assets, compiling the balance sheet and list of assets, it shall apply to the people's court for bankruptcy according to law. After the company is declared bankrupt by the people's court, the liquidation group shall hand over the liquidation affairs to the people's court.

Article 8 of the Bankruptcy Law of People's Republic of China (PRC) * * * When filing a bankruptcy application with the people's court, an application for cancellation of the bankrupt car and relevant evidence shall be submitted. The bankruptcy application shall specify the following items: (1) Basic information of the applicant and the respondent; (two wild guesses) the purpose of the application; (three) the facts and reasons for the application; (four) other matters that the people's court thinks should be stated in the closed ridge patrol.