1. Limit the debt conditions for applying for bankruptcy to those who are insolvent due to production, operation and consumption or obviously lack solvency. If they can't pay off their debts because of illegal business or excessive consumption, they can't file for personal bankruptcy.
2. To apply for personal bankruptcy, the actual resident population who meets certain conditions should be included in the application scope, that is, individuals have participated in social insurance for three consecutive years and made certain contributions to the economic development of the Special Zone, and the relevant information such as property registration and social security is basically perfect. Therefore, "a natural person who lives in Shenzhen Special Economic Zone and has participated in social insurance in Shenzhen for three consecutive years" is taken as the applicable object.
Both husband and wife are bankrupt. Considering the close relationship between husband and wife and the close property relationship, if one of them has entered the personal bankruptcy procedure in Shenzhen and his spouse also applies for personal bankruptcy, they can be tried together, and the other party does not need to meet the conditions of residence and social security payment.
The Regulations of Shenzhen Special Economic Zone on Personal Bankruptcy came into effect on March 1 20265438, and the article 173 in Chapter 13 includes many important contents, such as application and acceptance, debtor's property, creditor's rights declaration, bankruptcy liquidation, reorganization and reconciliation, and has become the vanguard of personal bankruptcy legislation. The establishment of personal bankruptcy system in Shenzhen aims to provide low-cost relief for honest and unfortunate natural person debtors, and provide institutional exit paths for a large number of "execution failure" cases, thus promoting economic regeneration and resource reuse. Its implementation is bound to bring a certain impact on market economy, personal investment and consumption behavior and judicial environment.
In the form of question and answer, the author sorts out and summarizes the process and some key points of Shenzhen's personal bankruptcy application (with the source of the article attached) for readers. (If you have cooperation, please add WeChat liuru0827)
1. Who has the right to apply for personal bankruptcy and what materials need to be submitted?
Debtor qualification (1): ① domicile or habitual residence in Shenzhen; (2) Having paid social security in Shenzhen for 3 years before bankruptcy; (3) Loss of ability to pay off debts due to production, operation and daily consumption or insufficient assets to pay off all debts (Note: This provision does not apply to debts that cannot be paid off due to illegal operation or excessive consumption). (Article 2) (2) Matters entitled to apply: ① Bankruptcy and liquidation; ② Recombination; 3 reconciliation. (3) Materials to be submitted: ① Bankruptcy application+bankruptcy reason+explanation; 2 income status+social security certificate+tax record; (3) personal property+husband and wife * * * with property inventory; (4) List of creditor's rights and debts (name, contact information, debt amount, principal interest, etc.). Creditors who need to be explained); (5) A letter of commitment of good faith; ⑥ Basic information of two kinds of people (basic information of minors who are obligated by the debtor according to law and adult close relatives who have lost their ability to work and have no other source of income); ⑦ Wage payment and social insurance payment of legally employed persons. (Remarks: Among them, Item 6 (6) does not need to declare the expenses that the debtor should bear and pay according to law, and the administrator will make it public after investigation and verification according to the information provided by the debtor. (Articles 8 and 60)
It should be noted that because there is a particularly close relationship between * * * and debt and * * and property in marriage, both husband and wife need to experience personal bankruptcy together. Therefore, if one of the spouses meets the above conditions and has applied for bankruptcy, the creditor's rights, debts and property of both spouses can be merged at the same time, that is, both spouses can jointly apply for personal bankruptcy procedures. (article 17 1)