Research On The Protection Of Rights And Interests Of Creditors Of Transfer Shares In Bankruptcy And Reorganization

Debt-for-equity swap is a normal legal means to save the plight of enterprises in the market.It should follow the provisions of relevant shareholder investment in the Company Law and voluntarily carry out debt-for-equity swap business through equal consultation.The debt-for-equity swap in bankruptcy reorganization is different from the above normal debt-for-equity swap,considering debt repayment.Its application in the bankruptcy reorganization procedure is related to the bankruptcy reorganization process,which must give priority to the legal provisions of the Enterprise Bankruptcy Law.Debt-for-equity swap is not a simple creditor's rights adjustment plan.For the application of the debt-for-equity swap in the bankruptcy reorganization procedures,such as the Bankruptcy Law,there is no special standard for it.Therefore,it is inappropriate to apply the law,otherwise the rights and interests of equity conversion creditors will be damaged.The instrumental value of debt-for-equity in bankruptcy reorganization determines the respect the basic equity of the realization of the bankruptcy reorganization system,therefore,"the balance between the bankruptcy reorganization system value and the equity protection of equity creditors" is an important topic of this article,"whether the balance" is directly related to the rights and interests of equity creditors.There is the conflict between the collective procedure and the principle of equity marketization,limiting the personal will of the debt for equity;the failure of the bankruptcy restructuring procedure,which are the three key problems of damaging the equity of equity creditors.In the process of specific demonstration and suggestions,the thinking path of this paper is:while realizing the value of the bankruptcy reorganization system,to protect the rights and interests of the stock conversion creditors to the maximum extent,and to do a good job in the balance of interests.