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The provision on judges refusing to participate in the settlement of bankruptcy cases concerning enterprises and cooperatives when the bankruptcy proceeding is refiled

Question:

Has the judge made the decision to abstain from initiating bankruptcy proceedings against the enterprise or cooperative, thus refraining from involvement in resolving the bankruptcy case, despite the repeated submission of the case under their jurisdiction?

Answer: 

The judge has made a decision not to initiate bankruptcy proceedings against the enterprise, cooperative, which does not fall under the circumstances stipulated in Point d, Clause 1, Article 10 of the Law on Bankruptcy “has participated in the decision to declare bankruptcy in relation to the bankruptcy case” and also does not fall under the circumstances where refusal or other changes are required according to the provisions of Article 10 of the Law on Bankruptcy. Therefore, in this case, the judge is not required to refuse to participate in resolving the bankruptcy case.

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