(1) The debtor of the debtor obtains the creditor's rights of others against the debtor after the bankruptcy application is accepted.
(2) The creditor assumes the debt to the debtor knowing that the debtor can't pay off the debts due or has filed for bankruptcy, but the creditor has filed for bankruptcy for one year according to the law? Except for the reasons that happened before;
(3) The debtor of the debtor obtains the creditor's rights against the debtor knowing that the debtor can't pay off the debts due or file for bankruptcy; However, the debtor's debtor because of the law? Or file for bankruptcy? What happened a few years ago? Except for those who have obtained creditor's rights.
According to the provisions of article 109 of the Bankruptcy Law, creditors who have the security right to the bankrupt's specific property have the priority to be repaid.
Summary of bankruptcy liquidation order:
1. Creditors and debtors owe each other debts to offset the debtor's property, except as stipulated in Article 40;
2. Secured creditor's rights;
3. After paying off the bankruptcy expenses and debts, the bankrupt property shall be paid off in the following order:
(1) The wages, medical care, disability allowance and pension expenses owed by the bankrupt to the employees, the basic old-age insurance and basic medical insurance expenses owed to the employees' personal accounts, and the compensation that should be paid to the employees according to laws and administrative regulations;
(2) Social insurance premiums and taxes owed by the bankrupt other than those specified in the preceding paragraph;
(3) Ordinary bankruptcy claims.
If the bankruptcy property is insufficient to pay off the repayment requirements in the same order, it shall be distributed in proportion.
The wages of directors, supervisors and senior managers of bankrupt enterprises shall be calculated according to the average wages of employees of the enterprise.
2. Article 20 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law stipulates: "If the debtor's payment is insufficient to pay off several similar debts owed by the same creditor, priority shall be given to paying off the debts that have expired; If several debts are all due, priority shall be given to paying off the debts that lack guarantee for creditors or have the smallest amount of guarantee; If the amount of guarantee is the same, the debts with heavier debt burden shall be offset first; If the burden is the same, it shall be offset in the order of debt maturity; If the maturity time is the same, it will be offset in proportion. However, unless there is an agreement between the creditor and the debtor on the repayment or liquidation order of the debt.
Extended data:
Personal debt recovery means
Article 2 16 of China's Civil Procedure Law stipulates: "The parties must perform legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement. " This paragraph is the legal basis for the applicant to apply to the people's court for enforcement according to law.
After the judgment of the people's court, if the debtor still fails to repay the loan, he may apply to the court for compulsory execution, and the court may take the following compulsory measures to enforce it according to law, or even punish the behavior of refusing to execute the judgment of the court:
1. has the right to freeze and transfer the deposit of the person subjected to execution.
2. Have the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform his obligations.
3. Where property is concealed, the people's court has the right to issue a search warrant to search the person subjected to execution and his residence or property hiding place.
4、? Forcing the person subjected to execution to double the debt interest or delay payment during the period of delay in performance.
5. If the creditor finds that the person subjected to execution has other property, he may also request the people's court for compulsory execution at any time.
6. If the respondent refuses to perform the effective judgment or ruling, the people's court may impose a fine or detention according to the seriousness of the case.
7. If the respondent refuses to perform the effective judgment or ruling that constitutes a crime, he shall be investigated for criminal responsibility according to law, which is called "the crime of refusing to execute the judgment or ruling of the court".
References:
Enterprise Bankruptcy Law of the People's Republic of China (Law) _ Baidu Encyclopedia? The Supreme People's Court's Interpretation of People's Republic of China (PRC) Contract Law-Baidu Encyclopedia