What is the specific role of the court in bankruptcy cases?
Of course, the court plays the role of intermediate referee. Bankruptcy cases refer to the handling of corporate insolvency events through judicial procedures. The three bankruptcy procedures are all independent bankruptcy procedures and can be started directly, that is, the debtor can directly apply to the court for reorganization, reconciliation or bankruptcy liquidation, and the creditor can apply for the debtor's reorganization or bankruptcy liquidation. As for a corporate legal person in liquidation, if it encounters insolvency, the person responsible for the liquidation should apply to the court for bankruptcy liquidation. After accepting a bankruptcy case and before declaring bankruptcy, the debtor may also apply for reconciliation. The debtor, or an investor holding more than 1/10 of the debtor's registered capital, may also apply to the court for reorganization. Naturally, if reorganization or reconciliation fails, it can be converted into a bankruptcy liquidation case. How to determine the court’s jurisdiction in corporate bankruptcy cases?
Enterprise bankruptcy cases shall be under the jurisdiction of the people's court where the debtor is located, that is, where the main office of the enterprise being filed for bankruptcy is located. When necessary, the People's Court designated by the Municipal Higher People's Court shall have jurisdiction. Can a bankruptcy case administrator only be a person on the list of bankruptcy case administrators published by the court?
According to Article 3 of the "Regulations of the Supreme People's Court on the Designation of Administrators for the Trial of Enterprise Bankruptcy Cases", a personal administrator They are generated from the social intermediaries included in the "Zhejiang Province Bankruptcy Case Administrators List" in 2007, and each agency has no more than one person.
(3) Registration conditions for social intermediaries
Law firms and accounting firms that apply to be included in the list of administrators should comply with the "Designated Management of Enterprise Bankruptcy Cases by the Supreme People's Court" Qualifications stipulated in the "Regulations on Persons" and meet the following conditions:
1. Participate in handling bankruptcy cases or related business (such as serving as a member of the liquidation team, acting as the authorized agent of creditors in corporate bankruptcy cases, being entrusted Experience in participating in derivative litigation of corporate bankruptcy cases, engaging administrators in related work of corporate bankruptcy cases, serving as legal counsel to other stakeholders in corporate bankruptcy cases, etc.);
2. No "People's Republic of China**" *The relevant circumstances under which it is inappropriate to serve as an administrator as stipulated in the Enterprise Bankruptcy Law of the People's Republic of China and the Regulations of the Supreme People's Court on Designating Administrators for the Trial of Enterprise Bankruptcy Cases.
The registration requirements for law firms and accounting firms within counties and county-level cities can be relaxed appropriately.
If branches established by law firms or accounting firms apply to be included in the list of administrators, the above conditions shall apply.
(4) Requirements for individual registration
Social intermediaries that were included in the "Roster of Administrators for Bankruptcy Cases in Zhejiang Province" in 2007 have already engaged in administrator work and established administrators For a team, the manager team leader (who has participated in professional liability insurance) meets the conditions specified in Article 3 of the "Regulations of the Supreme People's Court on Designating Administrators for the Trial of Enterprise Bankruptcy Cases" and does not have the requirements of the "Enterprise Bankruptcy Law of the People's Republic of China and the People's Republic of China" " and "Regulations of the Supreme People's Court on the Appointment of Administrators in the Trial of Enterprise Bankruptcy Cases" that make it inappropriate to serve as an administrator, you may apply to be included in the list of personal administrators.
Which court should have jurisdiction over corporate bankruptcy cases
As approved by the Supreme People's Court, the people's courts at all levels within the jurisdiction of the Sichuan Provincial Higher People's Court accept the jurisdictional standards for first-instance civil and economic dispute cases
?
? 1. The Provincial Higher People’s Court has jurisdiction over the following cases:
? (1) The amount in dispute in real estate cases is more than RMB 30 million;
(2) The disputed amount in other civil property cases such as debts and compensation is more than RMB 30 million;
(3) The disputed amount in economic dispute cases is more than RMB 30 million;
? (4) Civil property cases and economic contract disputes involving foreign countries or Hong Kong, Macao and Taiwan, with the amount in dispute exceeding RMB 20 million;
(5) The parties to the case (one or both parties) It is a civil property case and economic contract dispute case of the people's government at the city, state or above level and the regional administrative office (excluding the functional departments of the government);
? (6) It has a major impact on the entire province intellectual property rights cases.
? 2. The Intermediate People’s Court has jurisdiction over the following cases:
? (1) Real estate cases:
1. The Chengdu Intermediate People's Court shall handle the case where the amount in dispute is between RMB 3 million and RMB 30 million;
? 2. The Intermediate People's Courts of Zigong, Panzhihua, Deyang, Luzhou, Mianyang, Leshan, Neijiang, Guangyuan, Suining, Nanchong, Yibin and other cities have disputed amounts ranging from RMB 1.5 million to RMB 30 million;
? 3. The Intermediate People's Court of Ya'an, Dachuan, Bazhong, Guang'an, Meishan, Ziyang, Garze, Aba, Liangshan and other places and prefectures have disputed cases in which the amount in dispute is between RMB 1 million and RMB 30 million;
? (II ) Other debt, compensation and other civil property cases with a disputed amount of more than RMB 500,000 and less than RMB 30 million;
? (3) Economic contract dispute cases:
1. The Chengdu Intermediate People's Court is responsible for the amount in dispute between RMB 1.5 million and RMB 30 million;
? 2. Intermediate People's Courts of Zigong, Panzhihua, Deyang, Luzhou, Mianyang, Leshan, Neijiang, Guangyuan, Suining, Nanchong, Yibin and other cities have disputed amounts ranging from RMB 1 million to RMB 30 million;
? 3. In Ya'an, Dachuan, Bazhong, Guang'an, Meishan, Ziyang, Garze, Aba, Liangshan and other places and prefecture intermediate people's courts, the amount in dispute is between RMB 500,000 and RMB 30 million;
? (IV) ) Enterprise bankruptcy cases with significant impact;
? (5) Civil property cases and economic contract disputes in which the parties to the case (one or both parties) are the county people *** (excluding *** functional departments) Cases;
? (6) Civil property cases and economic contract disputes involving foreign affairs and Hong Kong, Macao and Taiwan litigation involving more than 500,000 yuan and less than 20 million yuan;
? ( 7) Intellectual property rights cases such as copyright cases, trademark cases, unfair competition suppression cases, technology contract disputes;
Patent cases are heard by the Chengdu Intermediate People’s Court.
? 3. The basic people's courts have jurisdiction over the following cases:
? (1) Real estate cases:
1. The grassroots people's court under the jurisdiction of Chengdu City is in disputes where the amount in dispute is less than RMB 3 million;
? 2. The basic people's courts under the jurisdiction of Zigong, Panzhihua, Deyang, Luzhou, Mianyang, Leshan, Neijiang, Guangyuan, Suining, Nanchong, Yibin and other cities have a disputed amount of less than RMB 1.5 million;
? 3. The basic people's courts under the jurisdiction of Ya'an, Dachuan, Bazhong, Guang'an, Meishan, Ziyang, Garze, Aba, Liangshan and other places and prefectures have a disputed amount of less than RMB 1 million;
? (2) Other debts , compensation and other civil property cases where the amount in dispute is less than 500,000 yuan;
(3) Economic contract dispute cases:
1. The Basic People's Court under the jurisdiction of Chengdu City shall provide the basic level People's Court under the jurisdiction of Chengdu City when the amount in dispute is less than RMB 1 million;
? 2. The basic people's courts under the jurisdiction of Zigong, Panzhihua, Deyang, Luzhou, Mianyang, Leshan, Neijiang, Guangyuan, Suining, Nanchong, Yibin and other cities have a dispute amount of less than RMB 750,000;
? 3. The grassroots people's courts under the jurisdiction of Ya'an, Dachuan, Bazhong, Guang'an, Meishan, Ziyang, Garze, Aba, Liangshan and other places and prefectures have jurisdiction over the disputed amount of less than RMB 500,000;
? (4) Municipal, Labor dispute cases initiated by local and state labor dispute arbitration committees for arbitration.
? 4. The Chengdu Railway Transport Intermediate Court’s jurisdiction over economic contract dispute cases shall refer to Article 2, Item 3, Item 2, Item (4) and Article 3, Item ((4)) of these Provisions. The provisions of item 2 of item 3) shall be implemented.
? The RMB amount of the disputed amount “below and above” in this provision includes the original amount.
1. Regarding geographical jurisdiction:
According to Article 3 of the "Enterprise Bankruptcy Law of the People's Republic of China", bankruptcy cases shall be governed by the domicile of the debtor. The local people's court has jurisdiction. The debtor's domicile refers to the place where the debtor's main office is located. If there is no office, it refers to the place where the debtor is registered.
2. Regarding level jurisdiction:
According to Article 2 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases", basic people's courts generally have jurisdiction over counties and county-level cities. The industrial and commercial administrative organs of the district or district have approved and registered the bankruptcy cases of enterprises; the industrial and commercial administrative organs of the general jurisdiction of the intermediate people's court, prefecture-level cities (including this level) and above have approved and registered the bankruptcy cases of enterprises; the bankruptcy cases of enterprises included in the national plan adjustment , under the jurisdiction of the Intermediate People's Court. Which people's court has jurisdiction over bankruptcy cases
"Bankruptcy Law of the People's Republic of China"
Article 3 Bankruptcy cases shall be under the jurisdiction of the people's court at the place where the debtor is domiciled. Which people's court has jurisdiction over bankruptcy cases?
According to Article 3 of the "Bankruptcy Law", "Bankruptcy cases shall be under the jurisdiction of the People's Court of the place where the debtor is domiciled." How to judge whether a local court can accept a bankruptcy case
Judgment based on the specific circumstances and the following legal provisions:
According to Article 2 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases" According to the provisions of the regulations, the basic people's courts generally have jurisdiction over the approval and registration of bankruptcy cases of enterprises by the industrial and commercial administrative organs of counties, county-level cities or districts; the intermediate people's courts generally have jurisdiction over the approval and registration of industrial and commercial administrative organs at or above the region, prefecture-level city (including the same level) Enterprise bankruptcy cases; enterprise bankruptcy cases included in the national plan adjustment shall be under the jurisdiction of the Intermediate People's Court.
According to Article 3 of the "Enterprise Bankruptcy Law of the People's Republic of China", bankruptcy cases are under the jurisdiction of the People's Court of the place where the debtor is domiciled. The debtor's domicile refers to the place where the debtor's main office is located. If there is no office, it refers to the place where the debtor is registered.
Article 3 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases" stipulates: "The people's court at a higher level shall try the enterprise bankruptcy cases under the jurisdiction of the people's court at the lower level, or transfer the enterprise bankruptcy cases under the jurisdiction of the people's court at the lower level. If a lower-level people's court hears a case, or if a lower-level people's court needs to transfer an enterprise bankruptcy case under its jurisdiction to a higher-level people's court for trial, it shall be handled in accordance with the provisions of Article 39 of the Civil Procedure Law; within provinces, autonomous regions, and municipalities directly under the Central Government, individual cases need to be handled due to special circumstances. Any adjustment in the geographical jurisdiction of an enterprise bankruptcy case must be approved by the People's Court at the same level as the superior people's court. "What is the right of separate extinguishment in a bankruptcy case?
The right of separate excision means that the creditor has collateral for the creditor's claim. Article 32 of the Bankruptcy Law stipulates that the debtor has a separate and priority right to be repaid on specific secured property during the bankruptcy process: "For claims secured by property established before bankruptcy is declared, the creditor has the priority to be repaid with respect to the collateral." Article 203 of the "Civil Procedure Law of the People's Republic of China" also clearly stipulates: "For property that has been used as mortgage or other security for bank loans and other claims, banks and other creditors have priority over the mortgage or other security." The right to be compensated. "This right is called the right of special excision in bankruptcy law theory.