In relation to the Enterprise Bankruptcy Law of China:
(a) explain the coverage of community liabilities that occur after the filing of an application for bankruptcy is accepted by the court; (6 marks)
参考答案:
In accordance with Article DB of the Enterprise Bankruptcy Law, the following debts occurring after the court has accepted the application for bankruptcy shall be community liabilities: (i) The debts as generated from a contract that has not been discharged and required to be performed further by the bankruptcy administrator or debtor; (ii) The debts as generated from the compensations and social insurance premiums for the continuance of business operations, and as well as any other liabilities as incurred therefrom; (iii) The debts as generated from the possible damage resulted from the performance of functions and duties by a bankruptcy administrator or other relevant personnel; and (iv) The debts as generated from any possible damage due to the debtor’s assets