1, header.

(1) indicates the name of the file; (2) Basic information of the applicant and the respondent.

2, the text.

(1) requested project; (2) Facts and reasons.

3. Tail.

(1) Send the name of the people's court.

(2) Signature of the applicant. If the applicant is a legal person or other organization, it shall be stamped with the official seal of the unit.

(3) Date of application.

(4) Appendix.

The application for bankruptcy and debt repayment must meet the conditions prescribed by law:

(1) The reason why an enterprise as a legal person applies for bankruptcy and debt repayment is that the enterprise has suffered serious losses and is unable to pay off its due debts. The "serious loss" here not only refers to the loss caused by poor management and loss of competition, but also includes the inability of enterprises to maintain their daily production and operation due to natural and man-made disasters and force majeure.

"Paying off" means paying off all debts, not paying off part of them. "Insolvency" means that an enterprise as a legal person lacks the ability to pay off debts due, and it can neither pay off debts due with all its assets, nor gain the understanding and sympathy of creditors, but can postpone or reduce debts and can only declare bankruptcy to pay off debts;

(2) The applicant can only be an enterprise legal person or its creditors who are unable to pay off due debts due to serious losses. An enterprise as a legal person is an enterprise owned by the whole people, and the application for bankruptcy and debt repayment must be approved by the higher authorities. When the debtor is unable to pay off the due debts, regardless of the number of creditors and the amount of creditor's rights, the creditors have the right to apply to the people's court for declaring the debtor bankrupt and paying off the debts;

(3) Enterprises applying for bankruptcy and debt repayment must be enterprises with legal personality, specifically collective enterprises, joint ventures, Chinese-foreign joint ventures, Chinese-foreign cooperative enterprises and foreign-funded enterprises with legal personality, and enterprises owned by the whole people that can be declared bankrupt according to the Bankruptcy Law of People's Republic of China (PRC).

(4) The applicant must submit an application for bankruptcy and debt repayment to the people's court where the enterprise as a legal person applies for bankruptcy and debt repayment. As for hierarchical jurisdiction, it depends on the specific circumstances of bankruptcy debt repayment cases. General bankruptcy debt repayment cases can be under the jurisdiction of the grassroots people's courts, and major and complicated bankruptcy debt repayment cases are under the jurisdiction of the people's courts at or above the intermediate level.

Extended data:

Format of creditor's rights application:

Application for creditor's rights (application format applicable to the debtor)

Applicant: Name

Domicile:

Legal representative: name and position

Requested items:

Facts and reasons:

I am here to convey

XX people's court

Applicant: (name and official seal)

Legal Representative: (Signature)

date month year

Attachment: relevant evidence, accounting statements, creditor list, debtor list, etc.

References:

Baidu Encyclopedia-filing for bankruptcy and paying debts