问题 问答题

甲企业因不能清偿到期债务,向法院申请破产,法院受理了该破产案件。甲企业是乙企业向银行借款的保证人,银行在得知甲企业破产的情况后,决定将其担保债权作为破产债权申报受偿。丙企业是甲企业的债权人,丙企业由于担心自己的债权得不到全额清偿,一再要求甲企业以部分财产偿还所欠丙企业的未到期债务,甲企业同意了丙企业的要求,并进行了清偿。 要求:根据上述情况和企业破产法律制度的有关规定,回答下列问题。 (1) 银行能否将其担保债权作为破产债权申报受偿为什么 (2) 甲企业提前偿还丙企业未到期债务的行为是否符合法律规定为什么

答案

参考答案:

解析:(1) 银行可以将其担保债权作为破产债权申请受偿。根据破产法及担保法的有关规定,被申请破产的债务人为他人担任保证人的,保证责任不因保证人被宣告破产而免除。债权人在得知保证人破产的情况后,享有是否将其担保债权作为破产债权申报受偿的选择权。 (2) 甲企业提前偿还丙企业未到期债务的行为不符合法律规定。根据破产法的有关规定,人民法院受理破产案件前6个月至破产宣告之日的期间内,破产企业对未到期的债务提前清偿的行为是无效的,是违法行为。

阅读理解

阅读理解。

     People usually hate mice, but people almost all over the world like one mouse-the famous Mickey

Mouse.

     Fifty years ago, most films had no sounds. A man called Walt Disney made a cartoom mouse. The

cartoon mouse could talk in these films. He named his mouse Mickey Mouse.   Soon Mickey Mouse

became a good friend of both young and old people. Children liked to see their lovely friend, because

he brought happiness to them.

     Mickey is a clean mouse right from the beginning. Maybe this is why people love Mickey Mouse

very much. In his early life, Mickey did some wrong things. People were very angry.   They wrote to

Disney and said they did not want Mickey to do wrong things.   Because there were some things that

Mickey could not do, Disney made a new animal called Donald    Duck. He also made a dog, Pluto.

This dog does some foolish and wrong things whenever he goes. Now   our Mickey Mouse is more

interesting as well. He is known as a star of beauty and wisdom(智慧). He has   his friends in almost

every country.

1.Mickey Mouse first came out         .       

A. on TV          

B. in the film    

C. in the play    

D. in a picture-book

2.Children love Mickey Mouse because  ____     

A. it can speak      

B. it is clean    

C. it makes them happy  

D. it is a mouse

3.The dog, Pluto, is         .

A. a fool that often does something wrong

B. a clever dog that can do everything well

C. a beautiful dog that people like very much

D. a famous dog as a star of beauty and wisdom

单项选择题 案例分析题