Bankruptcy liquidation is the liquidation of bankrupt enterprise property, which mainly refers to the activities of the liquidation group to define the ownership, divide the scope and register the bankrupt enterprise property. In the process of enterprise bankruptcy liquidation, liquidation must be carried out according to certain procedures. In this article, Bian Xiao will introduce the process of bankruptcy liquidation for you in detail.
The liquidation of bankrupt property mainly refers to the custody, liquidation, valuation, disposition and distribution of bankrupt enterprise's property by the liquidation group.
I liquidation of assets of bankrupt enterprises
The liquidation of bankrupt enterprise property mainly refers to the activities of the liquidation group to define the ownership, divide the scope and register the bankrupt enterprise property.
Scope of bankruptcy property: all the property of the bankrupt enterprise at the time of bankruptcy declaration; Property acquired after bankruptcy declaration and before the end of bankruptcy proceedings; Other property rights such as patent right, trademark right and copyright exercised by bankrupt enterprises. If the realized value of the property as collateral exceeds the amount of the debt it guarantees, the excess.
Verification of the natural condition of bankrupt enterprises' property. This division of labor is mainly to verify and confirm all the property of the enterprise, generally to verify and confirm the tangible assets of the enterprise, including the name, formation time, original value, location, model, old and new degree, and whether the legal procedures are complete.
Second, the assessment of bankruptcy property
This is to prepare for the disposal of bankrupt property and provide reference price and reserve price. Generally carried out by professional appraisers.
Three. Disposal of assets of bankrupt enterprises
Generally speaking, it refers to the process that the liquidation group turns the non-monetary property in the bankruptcy property into monetary property, which is the last work of the whole property liquidation. Under normal circumstances, the liquidation group shall, in accordance with the principles of openness, fairness and impartiality, follow the procedures of first valuation, then publicity and finally discussion and approval by the creditors' meeting, and conduct it by private sale or public auction after the investigation of creditor's rights is completed.
According to the provisions of the bankruptcy law, the property that has been used as collateral is not bankruptcy property. The processing is carried out according to the following steps:
1. The court shall register the secured property of the bankrupt enterprise separately;
2. The mortgagee shall hand over all the supporting materials of the secured property to the liquidation group;
3. The mortgagee shall hand over the secured property directly owned or managed by him to the liquidation group;
4. The mortgagor shall issue a written certificate to the liquidation group to terminate the mortgage relationship, and the liquidation group shall handle the handover procedures of the secured property;
5. The liquidation group will hand over the secured property to the auction house for auction;
6. The liquidation group shall separate the auction proceeds of the secured property and hand them over to the mortgagee after deducting the expenses.
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