Original title: The personal bankruptcy system is not "Lao Lai" Escape Belt Nearly, the Shenzhen Intermediate People’s Court (hereinafter referred to as "Shenzhen Intermediate") ruling the first personal bankruptcy clearance case, declared the first "bankruptcy" in the country, triggering a wide range of society pay attention to. Many netizens are worried, do you have any personal bankruptcy mean "I don’t have to pay attention to debt"? Will the personal bankruptcy system become "Lao Lai" to escape the temperature of the debt? In this regard, the reporter interviewed Luolilin, director of the Bankruptcy and Clearing Law Professional Committee of the Guangdong Provincial Lawyers Association, Guolili (Shenzhen) Office. Lu Lin told reporters that the personal bankruptcy system is running, Shenzhen has explored a series of three-dimensional institutional arrangements, in line with the conditions specified in the Shenzhen Special Economic Zone Personal Bankruptcy Ordinance (hereinafter referred to as "Ordinance") to apply bankruptcy procedures, and The debtor must strictly abide by the relevant provisions of the Regulations to obtain the bipass.
If the debtor is found to have fraudulent behaviors, it is criminally responsible for the seriousness of administrative punishment.
Applying for personal bankruptcy has a strict screening procedure "According to the Regulations, the residents apply for personal bankruptcy. If anyone is not to bankrupt, it can be bankrupt." Lu Run said, "in Shenzhen live and participate in Shenzhen social security continuous 3 The year of the year, due to the production and operation, living consumption, the loss of debt capacity or capital is not counted, can apply for bankruptcy, reforming or reconciliation according to law. "He further interprets that the debtor must first be truthful when applying for personal bankruptcy. Accurately submit its bankruptcy cause, statement of creditor debt, property status, and submit a written evidence.
If the debt is caused by luxury consumption, excessive speculation, excessive debt, it is not applicable to personal bankruptcy procedures.
After applying for personal bankruptcy, the debtor will face a large number of investigations, hearing, inquiry, etc. of courts, managers, etc., to define whether the debtor meets "honest and unfortunate". Once the applicant has a bankruptcy based on transferring property, malicious evading debt, there is a false statement, providing false evidence, etc., the court may not accept bankruptcy applications.
Even if it is accepted, it will not be excused, and the debtor’s relevant responsibility will be investigated according to law. Taking the first personal bankruptcy case of Shenzhen Intermediate People’s Court as an example, the debtor called a statement, which caused more than 480 million yuan due to the failure of the operation education and training institution, selling its only housing for repayment debts, and insisted that it was still debated to the future, still The liabilities are more than 10 million yuan. In view of the current monthly labor income of about 5,000 yuan, the situation is not worthy of debt, June 9 this year, resisted to the Shenzhen Zhongyuan submitted a personal bankruptcy application. Subsequently, the manager conducted a survey, strictly verifying the causes of the response, and strictly verified the causes of the breakstock, and the debt situation. On October 18, the Shenzhen Academy organized the first creditors meeting, the meeting reviewed and voted through the "Hypere Property Report", "Hypothesis" and "Hypotuba Credit Commission".
Accordingly, the Shenzhen Intermediate People’s Court recognizes that it is not enough to pay off all debts, which meets the conditions to declare bankruptcy.
On November 8, Shenzhen Zhongyuan ruled his bankruptcy. "From this, it can be seen that it is difficult to apply for personal bankruptcy, and it is difficult to deduct the ring.
Lu Lin said.
Through the disclaimer period, it is not impossible to avoid debts. If the debtor can be free, the debtor will also face a shortest three years, the longest five-year exemption period.
"Lu Rili introduced, Shenzhen innovatively set a special" exemption period ", during the disclaimer period, the debtor needs to accept the supervision of bankruptcy administration and bankrupt Agency, and a variety of behaviors and rights will be restricted. Including limiting high consumption, it is not possible to serve as a high-end expenditure and property status as a month, and the remaining debt can be eliminated.
"It is to be explained that during the examination period, the remaining income must be all used to repay debt in addition to the necessary expenditures per month. If the debt of the debt reaches a statutory ratio, the test period will be shortened accordingly." Lu Lin explained, In the case, in order to ensure the normal life, the creditor meeting agreed to her exemption property list, including the sofa, tea, Xiaomi mobile phone and other life learning products.
At the same time, after the monthly income is deducting the social insurance premium that the call should pay, it retains necessary expenditures such as maintenance, support, living expenses.
Except for the necessary expenses per month, her remaining income is all used to repay the debt. After the exemption of the exemption, the manager will issue a report for the residual debt payment responsibility for calling, and the Shenzhen Intermediate People’s Court will be based on the performance of the call, and the decision is to avoid unknown debts and relieve restrictions. "If the debtor has a concealed property such as the debtor in the exam, the people’s court will be monitored, detained, fined or detained, constitute a criminal responsibility according to law.
"Lu Lin summary said," Think that personal bankruptcy is no threshold without the condition without the consequences, this is a wrong understanding. In fact, the personal bankruptcy system is not only the hotbed of ‘Lao Lai’ escape borrow, but it is the tool to combat ‘Lao Lai’. "In addition, Lu Lin also reminded that the residents should be careful when applying for personal bankruptcy, because once the" bankruptcy "is placed, the records are always in the absence of a far-reaching adverse effect on individual credits.
(Reporter Zhang Yan) (Editor: Zhang Chen Mu, Chen Yuzhu) Sharing let more people see.