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How the Court Executes the Judgment for Insolvency

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How the Court Executes the Judgment for Insolvency


        

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  • 2024-06-06 05:01:40

    The inability of the debtor to repay does not affect the judgment of the court. As long as there is evidence to prove that the debtor is in debt, the court will make a judgment to repay the debt.

    If the creditor is unable to enforce the debt temporarily, the creditor may negotiate with the debtor to pay off the debt in installments; In case of permanent insolvency, the debtor's entire property shall be used to pay off. If the creditor applies for compulsory execution and the debtor has no source of income and lost his ability to work, the court may terminate the execution.

    The people's court ruled to terminate execution:

    (1) The applicant withdraws the application;

    (2) The legal document on which the execution is based is revoked;

    (3) The citizen who is the person subjected to execution dies, and there is no inheritance for execution and no person to assume obligations;

    (4) The obligee in the case of recourse for alimony, support and upbringing expenses dies;

    (5) The citizen subjected to execution is unable to repay the loan due to living difficulties, has no source of income, and loses the ability to work;

    (6) Other circumstances under which the people's court deems it necessary to terminate execution.

    [Legal Basis]

    Article 257 of the Civil Procedure Law shall be terminated by the people's court under any of the following circumstances:

    (1) The applicant withdraws the application;

    (2) The legal document on which the execution is based is revoked;

    (3) The citizen who is the person subjected to execution dies, and there is no inheritance for execution and no person to assume obligations;

    (4) The obligee in the case of recourse for alimony, support and upbringing expenses dies;

    (5) The citizen subjected to execution is unable to repay the loan due to living difficulties, has no source of income, and loses the ability to work;

    Zhu***

    2024-06-06 05:01:40

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