A Case Study Report On The Protection Of Creditors' Interests In Bankruptcy Reorganization

In China in August 2006 formally approved the law of the People's Republic of China on enterprise bankruptcy law, the chapter 8, a total of 24 bankruptcy reorganization to make to the ordinance, the purpose of this system is to save the production and operation enterprises face difficulties, avoid companies went bankrupt because of insolvent or unable to pay off all debt assets liquidation provides opportunity, in protecting the interests of creditors as well as to save the debtor.New bankruptcy laws for traditional bankruptcy law, its obvious changes, is has carried on the limits to the interests of the creditors of the bankrupt enterprise, there is no doubt that the new bankruptcy law in front of self-interest and public interest in favour of the latter, it pay more attention to in the practical operation to realize the revival of the bankrupt enterprise renewal and the maintenance of social and public interests, the design idea of reforming system in the new bankruptcy law is to limit the rebirth of the interests of the creditors in exchange for the bankrupt enterprise. For creditors,starting the bankruptcy reorganization is there is a big risk, compared to the bankruptcy liquidation system after its creditor's rights in bankruptcy and liquidation according to the actual situation of the bankrupt enterprise property for a percentage of pay, and once the reforming failure may not pay off, or even to the extent of the obligee's right can get is only part of the amount is small. Based on this, the bankruptcy restructuring program, requires that we must have a sound system,perfecting the laws and regulations as well as the concrete measures to protect the interests of creditors. But the new bankruptcy since the time more than eight years of implementation, we found that the bankruptcy law does not give full play to its functions, there are more problems in practice of bankruptcy.In this paper, through the analysis of practical cases in the bankruptcy reorganization, points out some deficiencies and take lead jade brick method tries to put forward the perfect measures and the suggestion, in order to better realize the bankruptcy law system of value and a greater degree of safeguard the interests of the creditors. This paper tightly around the protection of the interests of creditors in bankruptcy reorganization, bankruptcy reorganization case in the social and economic life as the breakthrough point, chapter three discusses and analysis.The first chapter with reference to our country bankruptcy reorganization case,the first case to carry on the simple introduction of bankruptcy reorganization case,then summarized concrete is put forward in reforming its what respect violations of the creditors' interests. Then from creditors in the reforming of state and diversified value of these two aspects elaborated the practical significance for protection of creditors.The second chapter through analyzing above bankruptcy reorganization case specific, tangible pointed out that in bankruptcy reorganization application stage,reforming plan formulation and execution of the reorganization plan stage to the creditor benefit protection which deficiencies, as well as expression make a foreshadowing of perfect measures and Suggestions below.The third chapter is the center of the whole article and emphasis, in view of the above the second chapter puts forward the corresponding solution measures are put forward problems in bankruptcy reorganization and perfect suggestion, judicial practice and reference the bankruptcy reorganization case to illustrate the correctness of the suggested, in order to achieve the creditor benefit protection in bankruptcy reorganization of this system deficiencies and weaknesses for the purpose of the reinforcement, the development of the bankruptcy reorganization system of bankruptcy law to improve and strengthen the protection of creditors in bankruptcy reorganization practice to make some exploration and contribution.