Shenzhen takes the lead in establishing a mechanism to ensure the cost of personal bankruptcy reorganization.
On December 22, the Shenzhen Bankruptcy Court and the Shenzhen Bankruptcy Administration jointly issued the "Work Opinions on Improving the Mechanism for Guaranteeing Bankruptcy Fees in Personal Bankruptcy Reorganization Cases", which systematically regulates the mechanism for guaranteeing the management fees and remuneration in personal bankruptcy reorganization cases, specifying that the prepayment fee for each case shall not be less than 15,000 yuan, and for joint reorganization cases of spouses, not less than 20,000 yuan. Failure to prepay the fees as required may lead to the termination of the proceedings. The "Opinions" point out that the personal bankruptcy reorganization process aims to satisfy debts with the debtor's assets and does not fall under the category of "insufficient bankruptcy assets to pay fees" in the public interest service. After accepting a case, the administrator should notify the debtor or the recommender to prepay the bankruptcy fees, and the debtor must pay in full within 7 days of receiving the notification. The draft reorganization plan must specify the payment arrangement for bankruptcy fees, and the court will determine the specific amount in accordance with the law. Since the implementation of the first personal bankruptcy law in China, the "Shenzhen Special Economic Zone Personal Bankruptcy Regulations" in 2021, Shenzhen has continuously explored the detailed rules for handling personal bankruptcy matters. The new regulations, by refining the fee guarantee mechanism, clarify the responsibilities of all parties and enhance support for the performance of administrators, thereby improving the operability and stability of personal bankruptcy procedures. The "Opinions" will be implemented from December 22, 2025, marking a critical step in Shenzhen's institutional construction in the field of personal bankruptcy.
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