第十条 债权人提出破产申请的，债务人应当在收到人民法院通知后十五日内，向人民法院提交本法第八条第二款所列有关材料。

Article 10. Where creditors have made the bankruptcy application, the debtor shall, within 15 days after receiving the notice of the people's court, deliver to the people's court the relevant materials described in the second paragraph of Article 8 of this Law.

　　债务人为其他单位担任保证人的，应当在收到人民法院通知后五日内转告有关当事人。

If the debtor is a guarantor for another unit, it shall, within five days after receiving the notice of the people's court, in turn notify the relevant parties.

　　第十一条 人民法院受理破产案件后，对债务人财产的其他民事执行程序必须中止。

Article 11. After the people's court has accepted a bankruptcy case, other civil enforcement proceedings against the property of the debtor must be suspended.

　　第十二条 人民法院受理破产案件后，债务人对部分债权人的清偿无效，但是债务人正常生产经营所必需的除外。

Article 12. After the people's court has accepted a bankruptcy case, payment by the debtor to only some of the creditors is null and void, with the exception of payments required for the normal production and operations of the debtor.

　　第三章 债权人会议

CHAPTER III CREDITORS' MEETINGS

　　第十三条 所有债权人均为债权人会议成员。债权人会议成员享有表决权，但是有财产担保的债权人未放弃优先受偿权利的除外。债务人的保证人，在代替债务人清偿债务后可以作为债权人，享有表决权。

Article 13. All creditors are members of the creditors' meeting. Members of the creditors' meeting enjoy the right to vote, provided, however, that creditors with claims secured with property which have not abandoned their priority right to be repaid are excepted. Guarantors of the debtor, after having repaid debts on behalf of the debtor, may be deemed creditors, and enjoy the right to vote.

　　债权人会议主席由人民法院从有表决权的债权人中指定。

The chairman of the creditors meeting is designated by the people's court from among the creditors with the right to vote.

　　债务人的法定代表人必须列席债权人会议，回答债权人的询问。

The legal representative of the debtor must attend the creditors' meetings and answer the creditors inquiries.

　　第十四条 第一次债权人会议由人民法院召集，应当在债权申报期限届满后十五日内召开。以后的债权人会议在人民法院或者会议主席认为必要时召开，也可以在清算组或者占无财产担保债权总额的四分之一以上的债权人要求时召开。

Article 14. The first creditors' meeting is called by the people's court, and shall be convened within 15 days after the expiration of the period for reporting claims. Subsequent creditors' meetings are convened at such times as the people's court or the chairman of the meeting deems them necessary, and may also be convened on the request of the liquidation committee or of creditors whose claims comprise more than one fourth of the total amount of claims not secured with property.

　　第十五条 债权人会议的职权是：

Article 15. The functions and powers of the creditors' meeting are:

　　（一）审查有关债权的证明材料，确认债权有无财产担保及其数额；

(1) to examine materials of proof relating to the claims, and to confirm the amount of such claims and whether or not the claims are secured with property;

　　（二）讨论通过和解协议草案；

(2) to discuss and adopt a draft settlement agreement; and

　　（三）讨论通过破产财产的处理和分配方案。

(3) to discuss and adopt a plan for the disposition and distribution of bankruptcy property.

　　第十六条 债权人会议的决议，由出席会议的有表决权的债权人的过半数通过，并且其所代表的债权额，必须占无财产担保债权总额的半数以上，但是通过和解协议草案的决议，必须占无财产担保债权总额的三分之二以上。

Article 16. Resolutions of the creditors meeting are adopted by a majority of creditors with the right to vote present at the meeting; the amount of their claims must comprise more than half of the total amount of claims that are not secured with property, however, with respect to a resolution adopting a draft settlement agreement, such amount must comprise more than two thirds of the total amount of claims not secured with property.

　　债权人会议的决议，对于全体债权人均有约束力。

Resolutions of the creditors' meeting shall have binding force on all the creditors.

　　债权人认为债权人会议的决议违反法律规定的，可以在债权人会议作出决议后七日内提请人民法院裁定。

Creditors who consider the resolutions of the creditors' meeting to be contrary to the provisions of law may, within seven days after the creditors' meeting has made such resolutions, apply to the people's court for judgment.

　　第四章 和解和整顿

CHAPTER IV SETTLEMENT AND REORGANIZATION

　　第十七条 企业由债权人申请破产的，在人民法院受理案件后三个月内，被申请破产的企业的上级主管部门可以申请对该企业进行整顿，整顿的期限不超过两年。

Article 17. With respect to enterprises for which the creditors apply for bankruptcy, the superior departments in charge of the enterprise that is the subject of the bankruptcy application may, within three months after the people's court has accepted the case, apply to carry out reorganization of the enterprise; the period of reorganization shall not exceed two years.

　　第十八条 整顿申请提出后，企业应当向债权人会议提出和解协议草案。

Article 18. After an application for reorganization is submitted, the enterprise shall propose a draft settlement agreement to the creditors' meeting.

　　和解协议应当规定企业清偿债务的期限。

The settlement agreement shall stipulate the period in which the enterprise shall repay the debts.

　　第十九条 企业和债权人会议达成和解协议，经人民法院认可后，由人民法院发布公告，中止破产程序。和解协议自公告之日起具有法律效力。

Article 19. After the enterprise and creditors' meeting have reached a settlement agreement which has been recognized by the people's court, the people's court shall make a public announcement and suspend th

上一页  [1] [2] [3] [4] [5] 下一页