18年后首次全面修订 破产法如何改写“多输困局”？

Core Viewpoint - The revision of the Enterprise Bankruptcy Law in China, the first comprehensive update since its implementation in 2007, aims to address the challenges faced by businesses and individuals in debt crises, promoting a more supportive legal framework for bankruptcy proceedings and debt resolution [1][5][15]. Group 1: Impact on Businesses - A well-known early education institution in Huzhou abruptly closed, affecting over 2,000 members and leaving consumers with unfulfilled course fees [1][3]. - The closure was attributed to severe impacts from the COVID-19 pandemic, leading to a significant drop in new customers and operational challenges [1][3]. - The local court established a bankruptcy restructuring center to explore proactive applications of bankruptcy procedures to resolve business debt crises [5]. Group 2: Legal and Social Implications - The stigma surrounding bankruptcy often deters business owners from seeking legal relief, as bankruptcy is viewed negatively in society [5][10]. - The bankruptcy process for the early education institution revealed that it had zero assets but owed approximately 350,000 yuan to 23 creditors, highlighting the challenges in recovering consumer funds [7][9]. - The business owner agreed to personally assume 60% of the debt, allowing for a structured repayment plan to creditors, demonstrating a potential pathway for resolution [9]. Group 3: Personal Bankruptcy and Legal Framework - The establishment of the Shenzhen Bankruptcy Court in 2019 aimed to provide a legal bridge for businesses and individuals facing debt crises, allowing for the restructuring of debts [12][15]. - The introduction of personal bankruptcy regulations in Shenzhen offers a legal avenue for individuals to seek relief from debts incurred due to business operations or personal consumption [15][17]. - The ongoing revision of the Enterprise Bankruptcy Law includes provisions for out-of-court restructuring and personal bankruptcy, reflecting a shift towards a more supportive legal environment for debtors [24][28].