Financial bankruptcy - Курсовая работа

TABLE OF CONTENTS INTRODUCTION CHAPTER 1. THE BASIC CONCEPT AND TERMS IN BANKRUPTCY PROCEEDINGS CHAPTER 2. THE BANKRUPTCY LEGISLATION OF KAZAKHSTAN 2.1 Features of the application of the law on bankruptcy 2.2 Acceptance of bankruptcy 2.3 The deliberate and fraudulent bankruptcy 2.4 Organization of bankruptcy proceedings of insolvent enterprises CHAPTER 3. THE BANKRUPTCY OF AN INDIVIDUAL ENTREPRENEUR 3.1. The grounds for declaring bankrupt entrepreneur 3.2 Initiation of bankruptcy owner CHAPTER 4. FINANCIAL PLANNING-RESCUE FROM BANKRUPTCY CONCLUSION LIST OF SOURCES INTRODUCTION The objective process of market economy based on competition, is a constant flow of capital in the most profitable areas, the redistribution of property from inefficient economic entities to efficient. The redeployment is carried out through the bankruptcy process. Therefore, in any civilized country with a developed economic system an essential part of the mechanism of legal regulation of market relations is the law on Insolvency (bankruptcy). In addition, in all procedures of bankruptcy transactions in respect of a debtors assets is carried out in a particular order. Features of the legal regime of property of the debtor in the proceedings is particularly evident in relation to immovable property. The specifics of the legal regime of the property due to the fact that, in accordance with paragraph 1 article 118 the RK CIVIL CODE right of ownership and other rights to real property, the restriction of these rights, their emergence change and termination are subject to registration in a registry. /8, p. 4/ All bankruptcy proceedings are the debtor, that is, the right holder, the restriction of his rights to real estate owned. Therefore, these objects must be registered as encumbrance on the immovable property of the debtors rights, although with the introduction of rehabilitation proceedings or bankruptcy proceedings, the power to order the real estate and other assets of the debtor are shifting to rehabilitation or receivership management. For the latter the procedure are rights. Restriction of rights of the debtor to immovable property in the judicial procedures of bankruptcy starts with the determination of the Court to commence bankruptcy proceedings. In accordance with paragraph 1 article 28 of the law on bankruptcy from the moment of initiation of bankruptcy proceedings the debtors property owner (authorized body), all bodies of a legal person are deprived of the right to dispose of property of the debtor. 13/ Part of the estate of the bankruptcy law is not only to the debtors property. In accordance with clause 2 Article 74 of the law on bankruptcy in it turns on and ignored separately personal property of general partners, the property of the former participants and the limited partnerships, participants in the partnership with additional liability, as well as members of the production cooperative, which in case of insufficiency of the property of a bankrupt in accordance with the civil procedure legislation, may be levied. Property of others that should also be liable for the obligations of a bankrupts estate is not included. However, in accordance with paragraph 3 of art. 74 Law bankruptcy trustee is obligated to submit to them, in the interest of all creditors. In particular, such requirements are to be presented to the persons responsible for making the debtor prior to the bankruptcy. /3, p. 1/5 CT. Thus, it should be noted that in all bankruptcy proceedings there is a change in the legal regime of immovable property belonging to the debtor. Bankruptcy proceedings usually refer to encumbrances, established for the benefit of creditors, and shall be recorded in the inventory. The law on bankruptcy, the following terms and definitions are used: -failure-the inability of the debtor to satisfy the requirements of lenders on monetary obligations, including claims for payment of wages and compensation for the injury caused to life and health, as well as the obligatory payments to the budget and off-budget funds; -the debtor-legal entity insolvency or bankruptcy, which is the reason the bankruptcy or judicial liquidation procedure in the manner prescribed by law; -Monetary obligation-obligation of the debtor to pay the cost of (transmitted) creditors of goods (works, services), to return the loan amount with interest payments for its use, as well as to make payments on other requirements themselves; -voluntary liquidation of an insolvent debtor-liquidation of an insolvent debtor on the basis of its application by the Court or extra-judicial liquidation under the control of creditors; -official-head (Deputy head) of a legal person insolvent debtor and any other person included in the collegial executive body of legal person exercising functions of a legal entity; -bankruptcy-court decision recognized the debtors insolvency, which is the basis for its elimination; bankrupt debtor, insolvency which is set by the Court; -out-of-court