Here is the bankruptcy management practice: analysis and practical guide for the entire process from corporate bankruptcy reorganization to personal bankruptcy declaration. Today, we will continue to share relevant matters about personal bankruptcy. There is an important matter in the personal bankruptcy process, which is the declaration of bankruptcy property. At what time and to which institution should the declaration of bankruptcy property be made? This is the problem that we focus on in this chapter.
First, the bankruptcy property declaration obligor
According to the provisions of the Personal Bankruptcy Regulations, the bankruptcy property declaration obligor is the debtor. This debtor is the debtor who was ruled by the court to accept bankruptcy. The person who is obliged to file a bankruptcy property shall declare the bankruptcy property within 15 days after accepting the bankruptcy application ruling in the court. It should be noted that the time limit for filing bankrupt property declaration is within 15 days from the date of delivery of the bankruptcy ruling, which is the statutory period for filing bankrupt property declaration.
2. The object and content of bankruptcy property declaration.
The obligor of bankruptcy property declaration declares to the bankruptcy administrator, so the right holder of bankruptcy property declaration is the bankruptcy administrator. The specific content of bankruptcy property that should be declared includes the property and property rights and interests of the debtor himself and his spouse, minor children and other close relatives who live together.
According to the provisions of the bankruptcy regulations, the scope of bankruptcy property that the debtor should declare specifically includes 10 properties and property rights and interests, namely:
1, wage income of the bankruptcy debtor and his spouse, labor income, bank deposits, cash account funds in the third-party payment platform, as well as cash assets such as funds in the housing provident fund account. This is the first property content that requires bankruptcy declaration.
2. If the debtor has made foreign investment, he shall invest in or hold the property rights and interests of stock funds, investment insurance, other financial products and financial products that he or she shall invest in or hold in other ways. This part of the declaration mainly refers to investment returns.
3. In addition to the above-mentioned stocks, funds and other returns, if the bankrupt debtor invests in the equity of non-listed companies or limited companies at home and abroad, the property income generated by the bankruptcy debtor must be declared. At the same time, it should be noted that this part of the declared property is mainly the property income generated by investing in equity, and the previous part is mainly the related income generated by participating in financial investment and financial products.
4. If the bankruptcy debtor has intellectual property rights or trust income rights, the property rights and interests he enjoys through intellectual property rights, trusts, and collective economic organizations' dividends, etc., also fall within the scope of property declaration for bankruptcy.
5. At the same time, if the bankrupt property debtor has property rights for houses, land use rights and other related matters, whether it is owned by himself or jointly owned by others, it should also be declared.
6. What is mentioned above is real estate and other properties. If the bankrupt debtor has movable property products such as transportation, machines, equipment, etc., it should also declare bankruptcy property.
7. If the bankrupt debtor has a hobby of collecting calligraphy and paintings, then the valuable items such as antiques, calligraphy and paintings collected by the bankrupt debtor himself should also be declared as bankrupt property.
8. If the debtor has the right of inheritance or the right of donation, the bankrupt debtor shall also declare bankruptcy property based on the various property rights and interests enjoyed by the inheritance relationship, gift relationship, or equity holding relationship.
9. All the above contents are about existing property rights and interests that can be actually controlled. If there are expected property rights and interests in the future before the bankruptcy ruling is accepted, the debtor should also declare the bankruptcy property.
10. In addition to existing property and property rights and interests, as well as properties and income that can be earned in the future, other property or property rights and interests with property value that can be realized should also be declared for bankruptcy.
Of course, all the above income or expected future income property rights include both domestic property and property rights and interests, as well as overseas property and property rights. Therefore, we can make it clear that once the bankruptcy debtor is included in the bankruptcy procedure, all his income should be declared for bankruptcy property.
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