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破产管理人的选任时间是一个重要的法律问题。选任时间的确定涉及到债权人和债务人权益保护和平衡问题,2007年6月1日起实施的新《企业破产法》规定在裁定受理破产申请的同时指定破产管理人,但是从破产申请的提出到法院作出受理裁定仍有15-22天时间,对债务人财产仍有监督的空白时间,恶意债务人仍有转移财产的可能性。德国破产法在这方面规定得十分精细科学,值得借鉴。
The election of the insolvency representative is an important legal issue. The determination of the election time involves the protection and balance of rights and interests of creditors and debtors. The new Enterprise Bankruptcy Law, which came into force on June 1, 2007, stipulates that the bankruptcy administrator should be appointed at the same time as the acceptance of the bankruptcy application. However, The court still has 15-22 days for accepting the ruling that there is still time to supervise the debtor’s property. The malicious debtor still has the possibility of transferring property. German bankruptcy law in this area is very fine science, it is worth learning.