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当前,企业假破产、真逃债已成为一股潮流,使国有资产大量流失、银行债权大面积悬空,许多贷款银行和债权单位深为不满但又束手无策。其实,法律这把尚方宝剑是公正的,尽管我国的法律还有不完善的地方,但对于防止企业假破产真逃债还是行之有效的。 一、破产企业的逃债方式 从基层实践来看,目前企业破产甩债的方式主要有以下几种: 1、“母体裂变”,空壳假破产。 这种行为的产生是企业钻《破产法》第三十八条中有“破产程序终结后,未得到清偿的债权不再清偿”之
At present, the enterprises are in bankruptcy and the debt evasion has become a trend. As a result, there has been a drastic loss of state-owned assets and a large area of bank claims. Many lending banks and claims units are deeply dissatisfied but do nothing at this time. In fact, this law Shangfangbaojian is fair, although there are still imperfections in our laws, but it is still effective in preventing enterprises from bankruptcy. First, the mode of bankrupt enterprises to evade debt From the grassroots practice point of view, the current corporate bankruptcy debts mainly in the following ways: 1, “the mother fission”, empty shell fake bankruptcy. This kind of behavior is caused by the fact that in the Article 38 of the Bankruptcy Law, the enterprise does not pay off any unliquidated claims after the bankruptcy proceedings have ended