Research On The Protection Of Electricity Charge In Bankruptcy Reorganization

Modern bankruptcy system,besides the bankruptcy liquidation system,includes reorganization System,reconciliation system and etc.that are in purpose of saving debtors or preventing bankruptcy.As an important part of the bankruptcy system,the bankruptcy reorganization system has been adopted by most market economy countries in the world,since it was firstly established in England in 1929."Enterprise Bankruptcy Law"(New Bankruptcy Law),which was implemented in China in 2007,has been widely used in the field of bankruptcy reorganization and have an increasingly impact on the electric power company.The protection of electricity charge in Bankruptcy reorganization is a new issue with the implementation of the bankruptcy reorganization system.Due to the mode of “power consumption first,fee collection second”,in most cases,when a company is judged into bankruptcy reorganization process,it must have a certain amount of electric fee that has not been charged,which is considered as a creditor's right.Electricity tariff settlement of the power supply enterprises for a long time to face the risk of a systemic tariff recovery.In consideration of the contradiction between bankruptcy reorganization and an in time,full and safe fee collection,the paper first reviews the relevant theories at home and abroad,the electricity creditor bankruptcy reorganization,this paper expounds the general situation of the bankruptcy reorganization case in Zhejiang and the development of derivative,according to the characteristics of bankruptcy reorganization and analyses its influence on tariff protection of creditor rights.Secondly,during the bankruptcy reorganization,start planning and implementation plan,through the period during the three stages of the whole process,based on the enterprise bankruptcy reorganization application object,the application for the initiation of subject,tariff filing of claims,claims,claims "electricity electricity group voting",the reorganization plan,the implementation of the restructuring plan during the typical type of power supply the performance of the contract and other factors lead to electricity creditor protection problems,this paper proposed a solution proposal.Then,based on the exercise of the right to guarantee maximization,the reorganization plan key provisions of two aspects and put forward suggestions to solve the bankruptcy reorganization of electricity guaranteed protection of the creditor's rights,and formed a list of key provisions of the relevant laws,but also put forward by the application of electricity performance bank guarantee to solve the bankruptcy reorganization proposal tariff protection of the creditor's rights.Finally,based on the enterprise bankruptcy reorganization,large enterprises "kind of judicial reforming","judicial reforming related enterprises" and other typical examples of electricity creditor protection and further analysis,learn from the successful experience of Bank of similar legal risk disposal,of the previously proposed relevant tests were carried out on the measures proposed for different types of enterprises the bankruptcy reorganization electricity creditor protection solutions.In this paper,the current domestic and international economic situation,there have been large and medium-sized enterprises to enter bankruptcy link as the background,combined with the various features of the bankruptcy reorganization system,the ordinary electricity creditor protection,guarantee creditor's rights protection and public electricity tariff protection of creditor's rights of risk management in detail,formed a set of effective risk management system,to provide reference for grass-roots power supply company in the tariff recovery.