问题 单项选择题

某钢铁厂欠某银行600万元贷款,到期没有归还。该银行在清收中发现,钢铁厂已完全丧失还款能力,也无可供执行的财产。但是,银行经过调查发现,钢铁厂有一笔被某建筑公司拖欠已久的220万元到期货款,且该建筑公司具有一定的支付能力,但不知何种原因钢铁厂一直没有起诉该公司。银行经过分析后决定,对建筑公司提起代位权诉讼。在诉讼请求得到法院判决认可之后,银行启动了针对建筑公司的强制执行程序。与此同时,钢铁厂申请法院启动了破产程序。根据《企业破产法》,下列关于本案处理程序的表述中,正确的是( )。

A.在法院受理钢铁厂破产申请的情况下,建筑公司应当向破产管理人清偿债务
B.在强制执行程序已经启动的情况下,即使法院已经受理破产申请,强制执行程序也不能中止
C.代位权属于《合同法》赋予债权人的权利,即使法院已经受理破产申请,代位权诉讼也不能中止
D.在法院受理钢铁厂破产申请的情况下,因代位权诉讼已结束,银行可以申请法院执行钢铁厂财产,该执行程序不能中止

答案

参考答案:A

解析: 根据《企业破产法》第19条的规定,“人民法院受理破产申请后,有关债务人财产的保全措施应当解除,执行程序应当中止”。即使此时已启动了强制执行程序,依照破产程序清偿优先于个别执行的原则,法院的强制执行也必须中止。同理,在法院受理债务人破产申请的情况下,代位权当然也应该中止。

阅读理解

When he was just 19, Michael Dell started the company that would dominate the industry.

At the time, IBM personal computers sold in stores for about $3,000. After taking them apart and rebuilding them, Dell realized the components (零部件) could be bought for one-fourth the price. Soon he was buying components to reduce the cost. A good business decision, but it meant his room was starting to look like a mechanic’s shop.

“I was quite excited about the possibilities for personal computers and how they could change society. I had this idea to sell the products directly to the users over the phone”, he said. College plans and his parents’ expectations bothered him a lot. But Michael Dell was determined. He drove off to the University of Texas at Austin in August 1983 in a car he’d bought with earnings from selling newspapers. He was surprised that his mother wasn’t suspicious about the three computers in the backseat. By November, news reached his parents that he wasn’t attending classes. On a surprise visit to Austin, they caught their son on spot. Michael Dell told his dad that he wanted to compete with IBM.

Although Michael agreed to focus on his studies, the business chances and the timing couldn’t have been better. The public was becoming more interested in computers, but no one was producing them. In early May, a week before his final exams, Michael started Dell computer Corporation with $1,000. He took his exams, and then dropped out of college at the end of his freshman year. It was time to try out his direct-to-customer business model.

“Three years later”, Dell says, “we had already achieved annual sales of about $150 million, I was 22 years old then.”

小题1:What does the underlined word in paragraph 1 mean?

A.affect

B.develop

C.support

D.lead小题2:Which of the following is true according to paragraph 2?

A.Dell discovered a good chance to make money

B.Dell could buy a computer at one-fourth the price

C.IBM made little money from personal computers

D.Dell rebuilt computers in a mechanic’s shop小题3:When Dell’s parents learned about his absence from class, they       .

A.tried to help with his business

B.were too suspicious to accept it

C.wanted him to go hack to class

D.encouraged him to compete with IBM小题4:It can be inferred from the article that       .

A.Dell was tired of his college life

B.Dell was not devoted to his study at college

C.Dell’s college life helped him greatly

D.Dell didn’t finish his final exams小题5:Dell’s experiences show that       .

A.determination and opportunity lead to success

B.family support plays an import in one’s success

C.there’s no need for all of us to go to college

D.we should insist on whatever we are doing

单项选择题