Legal basis: Enterprise Bankruptcy Law of the People's Republic of China.
Article 2 If an enterprise as a legal person is unable to pay off its due debts, its assets are insufficient to pay off all its debts or it obviously lacks solvency, it shall clear up its debts in accordance with the provisions of this Law.
Article 7 The debtor may apply to the people's court for reorganization, reconciliation or bankruptcy liquidation under the circumstances specified in Article 2 of this Law.
If the debtor is unable to pay off the debts due, the creditor may apply to the people's court for reorganization or bankruptcy liquidation of the debtor.
If an enterprise as a legal person has been dissolved but has not been liquidated or its assets are insufficient to pay off its debts, the person liable for liquidation according to law shall apply to the people's court for bankruptcy liquidation.
Article 113 After the bankruptcy expenses and debts are paid off first, the bankruptcy property shall be paid off in the following order:
(1) Wages, medical care, disability allowance and pension expenses owed by the bankrupt to employees, basic old-age insurance and basic medical insurance expenses owed to employees' personal accounts, and compensation that should be paid to 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.
Article 120 If the bankrupt has no property to distribute, the administrator shall request the people's court to make a ruling to terminate the bankruptcy proceedings.
After the final distribution is completed, the administrator shall promptly submit a report on the distribution of bankruptcy property to the people's court and request the people's court to make a ruling to terminate the bankruptcy proceedings.
The people's court shall, within fifteen days from the date of receiving the request of the administrator to terminate the bankruptcy proceedings, make a ruling on whether to terminate the bankruptcy proceedings. If the ruling is terminated, it shall be announced.
Article 121 The administrator shall, within 10 days from the date of termination of bankruptcy proceedings, cancel the registration with the original registration authority of the bankrupt on the basis of the ruling of the people's court to terminate bankruptcy proceedings.