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How to deal with the debtor's disagreement with bankruptcy

stay Individual application for bankruptcy After that, we think that he/she may no longer have the ability to repay the debt.
At this time, for the Debt issues , we need to conduct in-depth analysis from the perspective of insolvency.
If it is caused by temporary financial difficulties Insolvency , at the creditor's discretion or judicial office 's ruling, debt Can be connected with creditor Negotiate and sign an agreement to repay all debts in batches.
However, if the person concerned has Discharge debts But refuses to fulfill its obligations judicial process To be solved by people civil law The court ruled that it was forced to pay the debt.
Undoubtedly, taking the law as the criterion, the person responsible for the debt must bear the corresponding obligations.
If the relevant personnel really fall into the dilemma of permanent insolvency, they can only rely on what they currently have personal property In the process of paying off debts, the court needs to conduct investigation and trial, make the final trial result according to law, and apply comprehensive Implementation measures
In other words, if the party There is enough personal property to repay debts, and creditors can only get the equivalent compensate for 。《 Civil Code 》Article 560
obligor If several debts borne by the same creditor are of the same type, and the debtor's payment is not sufficient to pay off all the debts, unless otherwise agreed by the parties, the debtor shall designate the debts to be performed at the time of payment.
If the debtor has not made a designation, it shall give priority to the performance of debts that have become due;
If several debts are due, priority performance is insufficient for creditors guarantee Or the least guaranteed debt;
If there is no guarantee or the guarantees are equal, priority shall be given to the debtor's heavier debts;
If the liabilities are the same, they shall be fulfilled in the order of maturity;
Expiration time The same shall be performed according to the debt ratio.
Latest revision: 2024-06-28
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