What must be included in a petition for bankruptcy procedure initiation?
The necessary content in a petition for bankruptcy procedure initiation will be different depending on the person who files the petition:
(i) The petition for bankruptcy procedure initiation filed by a creditor must contain the following terms:
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- Date of filing;
- Name of the People’s Court with jurisdiction to settle the bankruptcy;
- Name and address of the requester;
- Name and address of the enterprise for which the bankruptcy procedure is requested to be initiated;
- Debts due and evidence of overdue debts.
(ii) The petition for bankruptcy procedure initiation filed by an employee or internal trade union must contain the following terms:
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- Date of filing;
- Name of the People’s Court with jurisdiction to settle the bankruptcy;
- Name and address of the requester;
- Name and address of the enterprise for which the bankruptcy procedure is requested to be initiated;
- The total salary and other due debts that have not yet been paid by the enterprise to the employees; evidence of overdue salary and other due debts.
(iii) The petition for bankruptcy procedure initiation filed by a shareholder or group of shareholders must contain the following terms:
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- Date of filing;
- Name of the People’s Court with jurisdiction to settle the bankruptcy;
- Name and address of the requester;
- Name and address of the enterprise;
- Evidence to support a request for bankruptcy procedure initiation.