Bankruptcy liquidation order refers to the procedure of distributing bankruptcy property to all kinds of creditors in a certain order in bankruptcy procedure. According to the provisions of China's enterprise bankruptcy law, the first payment order is: the value of bankrupt property takes precedence over the following debts: 1. Priority creditor's rights: including taxes and fees, basic living expenses, public service fees, creditor's rights enforcement fees, arbitration fees, etc. ; 2. Employees' wages and other welfare expenses: such as wages payable, medical expenses for employees, medical expenses for work-related injuries, retirement expenses, etc. ; 3. Compensation: including damages and personal injury compensation that should be compensated according to law; 4. Public taxes and fees: non-state taxes and fees, such as various local taxes and fees; 5. Other ordinary creditor's rights: the remaining part of bankruptcy settlement gives priority to paying off other debts. What needs to be explained here is that priority creditor's rights also include national taxes and fees and basic living expenses. The basic living expenses refer to the shutdown expenses, living expenses and medical expenses that the bankrupt and his dependents need to pay when applying for bankruptcy, and enjoy the priority of compensation.
Due to the provisions of bankruptcy liquidation order, some creditors will be adversely affected. Is there any way to prevent this from happening? Indeed, the rights and interests of some creditors may be damaged by the provisions of the bankruptcy liquidation order. In order to avoid this situation, the creditor can guarantee the debt in advance or retain the property to protect the creditor's rights.
Enterprise bankruptcy is a serious problem, which will affect enterprises, employees and various creditors to varying degrees. Therefore, in the process of enterprise operation, we must operate according to the principle of legality and compliance, take timely measures to prevent potential bankruptcy risks, and protect the rights and interests of all parties to the maximum extent.
Legal basis:
Article 33 of the Enterprise Bankruptcy Law of the People's Republic of China, the order of bankruptcy settlement is as follows: the following debts are paid in priority with the value of bankrupt property:
(1) Priority creditor's rights;
(2) Wages and other welfare expenses of employees;
(3) compensation;
(4) Public taxes and fees;
(5) Other ordinary creditor's rights and the capital contributions of shareholders and promoters.
In the priority creditor's rights, it shall be paid off in the following order:
(1) national tax;
(2) basic living expenses;
(3) Other priorities.