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Release Time：2018-08-06 16:59:00 Source：Jiaao Investment
Guangzhou Intermediate People's Court on enforcement of cases
Implementation comments on transfer to bankruptcy review (trial)
Suizhong Law [2018] No. 213
In order to promote and standardize the transfer of bankruptcy review cases, and to ensure the orderly connection between the enforcement procedures and the bankruptcy procedures, according to the Civil Procedure Law of the People's Republic of China, the Enterprise Bankruptcy Law of the People's Republic of China and its related judicial interpretations, and the Supreme People's Court. Guiding Opinions on Several Issues Concerning the Implementation of Case Transfer and Bankruptcy Review, "Summary of National Court Bankruptcy Trial Work Conference", "Several Opinions of Guangdong Higher People's Court on the Implementation of Case Transfer and Bankruptcy Review", etc., combined with the civil execution of the city court and the actual bankruptcy trial , make the following comments.
With the approval of the Higher People's Court of Guangdong Province, the Guangzhou Intermediate People's Court may transfer part of the execution to the bankruptcy review case to the basic people's court with trial conditions.
The Coordination Working Group is headed by the Executive Board of the Executive Board and the Head of the Clearing and Bankruptcy Trial Chamber. The members of the Working Group are composed of the Executive Board and the Clearing and Bankruptcy Trial Chambers, respectively.
Article 3 [Transfer Requirements] If the execution of the case meets the following conditions, it may be transferred to the bankruptcy review:
(2) The executor or any executor of the relevant executor who has executed the case agrees to transfer the execution case to the bankruptcy review in writing;
Article 4 [Executive Court's Consultation Obligation] If the enforcement court finds that the enterprise legal person as the executed person complies with the provisions of Article 2 of the Enterprise Bankruptcy Law of the People's Republic of China, it shall promptly ask the applicant executor and the executor whether to agree to transfer the case. Bankruptcy review and explain the legal consequences.
If the application executor or the executor does not agree to transfer the case to bankruptcy review and no one has filed for bankruptcy, the enforcement court shall comply with Article 516 of the Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of the People's Republic of China. If the creditor of the enterprise legal person who has obtained the basis for execution applies for participation in the distribution, the people's court shall not support it.
If the grassroots people's court intends to transfer the enforcement case to the bankruptcy review of the foreign court, it shall first report to the Executive Office of the Guangzhou Intermediate People's Court for review and approval before making the transfer decision.
Article 6 [Delivery and Delivery of Transfer Decision] The enforcement court shall serve the decision on the executor and the executor within five days from the date of the decision to transfer the bankruptcy review. If the application executor or the executor has any objection to the transfer decision, it may file it with the transferee during the bankruptcy review.
However, for the seasonal goods, fresh, perishable and other items that are not suitable for long-term preservation, the enforcement court shall promptly change the price and dispose of the disposal price.
Article 8 [Transfer Materials] For cases that are decided to be transferred to bankruptcy review, the enforcement court shall transfer the following materials to the transferred court:
(2) The examination and approval form of the executive department of the intermediate people's court at the place where it is transferred from the grassroots court at different places;
(4) A description of the transfer of the execution case and the relevant materials including the origin of the case, the subject matter of the party, the property and liabilities of the person subject to execution, and the description of the hidden dangers;
Article 9 [Transfer separately] If a plurality of executed persons in an execution case meet the conditions for transfer bankruptcy review, they shall be transferred to bankruptcy review separately. After the execution of the transfer decision by the court, the execution of the executed person shall be suspended. The suspension of execution of the executed person does not affect the execution of other persons who do not meet the bankruptcy conditions in the same case.
If the enforcement court accepts the ruling of the bankruptcy acceptance and refuses to lift the measures of seizure, seizure or freezing, the bankruptcy acceptance court may request the higher court of the enforcement court to correct it according to law.
Article 12 If the transfer to the court makes a refusal or rejects the application ruling, the materials received and the property of the executor shall be returned to the enforcement court within seven days after the ruling takes effect. Where the enforcement court has given written notice in accordance with the provisions of Article 7 of this Opinion, it shall notify all known enforcement courts in writing and the enforcement court shall resume the execution of the executed person.
Article 14 [Supplementary Provisions] Matters not covered in this opinion shall be implemented in accordance with laws, regulations, judicial interpretations, and the relevant provisions of higher courts or the Court.
Article 16 [Implementation time] This opinion shall be implemented as of the date of promulgation.
Original Source: Guangzhou Trial Network (June 26, 2018)
