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一、破产案件审限现状及原因分析(一)立案审查期限依照《企业破产法》的规定,法院应在15日内裁定是否受理破产申请,最长不得超过37日。但在司法实践中,债务人申请或被申请破产前一般长期停止经营,管理混乱,缺乏有效财务记录,主要财产甚至债务人自身下落不明的情况也时有发生,法院难以在“一刀切”的刚性期限内审查完毕。此外,破产案件由审判部门而非立案部门进行立案审查,立案部门收到申请材料时,不会向申请人出
First, the bankruptcy case review of the current situation and the reasons (A) the time limit for filing According to the “Enterprise Bankruptcy Law,” the court should decide within 15 days whether to accept the bankruptcy filing, the longest shall not exceed 37 days. However, in the judicial practice, the debtors often stop operating for a long time before applying or being filed for bankruptcy, the management is in disorder, the effective financial records are lacking, and the major property or even the whereabouts of the debtor themselves are unknown from time to time. Review deadline. In addition, the case of bankruptcy cases filed by the trial department rather than filing, the filing department received the application materials, the applicant will not be out