The bankruptcy of one of the joint debtors does not affect the claim against other jointly liable parties; the creditor may file a claim for all debts or seek recovery separately, and the amount recovered in the bankruptcy proceeding will be deducted from the total amount owed.
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When filing a claim, the principal and the interest accrued before the claim is accepted should be declared. However, the interest on the creditor's rights shall cease to be calculated from the date the bankruptcy application is accepted, and no further interest will be calculated after the claim is accepted.
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Due to the demolition of houses in the old urban area, most of the people subject to expropriation believe that the compensation plan is not in accordance with the law. The municipal and county governments should organize hearings in such cases; if most of the members of the land expropriation compensation and resettlement plan have objections, hearings should also be held.
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Before demolition, take photos and videos, conduct an inventory and make a record, and have it notarized. Keep the contracts, invoices, and business materials. Apply for information disclosure in a timely manner. Call the police and record the situation during forced demolition to prevent evidence from being lost.
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Negotiation is possible, but it must be conducted within the legal framework: the value of the house must not be lower than the similar real estate market price. The scope for negotiation stems from appraisal disputes, procedural violations, and the supplementation of omitted items.
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The key points to focus on are administrative and demolition expertise, experience in similar cases, familiarity with procedures, team collaboration, and transparent fees. Be cautious of promises of guaranteed results and low-price marketing tactics.
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There are no unified national standards. Lawyers' fees are subject to market regulation. Common charging methods include fixed fees, fees based on the value of the case, and hourly rates. Before signing a contract, it is necessary to distinguish between fixed fees and fees paid on behalf of the client.
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This might be illegal. Information related to expropriation compensation should be made public. If the authorities refuse to disclose the information without a valid reason or evade responsibility by claiming that the information does not exist, you can apply for a reconsideration or initiate an administrative lawsuit.
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The lessee may claim relocation fees, losses from production and business suspension, and compensation for the removal of decorations and equipment, with the contract taking precedence. The lessee should promptly preserve evidence of the operation and losses and participate in compensation negotiations.
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Not registering a building does not necessarily mean it is an illegal construction. The expropriator shall investigate and identify the unregistered buildings within the scope of expropriation, and compensate for the legal parts. If the procedure is illegal, the expropriated party may file for reconsideration or bring a lawsuit.
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The compensation for shops includes not only the value of the house, but also the losses from production and business suspension, as well as the relocation and renovation of equipment; while the compensation for residential properties focuses on housing resettlement. The evaluation criteria and compensation items for the two types of properties are different.
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The losses from production and business suspension are usually determined based on the pre-seizure benefits and the duration of the production and business suspension, and may not cover all actual losses. Reasonable assessments can be obtained by providing operational and financial evidence.
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Judging from four aspects: the subject, the procedure, the documents, and the compensation: check the announcement of expropriation and the approval documents, see whether the notification and hearing have been carried out, and whether the compensation is full and in accordance with the law. If there are any missing links, the case can be appealed or litigated.
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Yes. There are legal procedures for identifying and demolishing illegal buildings. If the demolition is carried out without announcing the decision, holding a hearing, or delivering the demolition notice in accordance with the law, the affected parties can apply for a reconsideration or initiate legal proceedings to claim compensation.
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Verify the practice information through the public announcements of the Bar Association, search for public judgment documents to gain experience in similar cases, and conduct interviews to assess their familiarity with the review process, so as to avoid relying solely on advertisements and promises.
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