Enterprise Restructuring Process Creditor Protection Research

Enterprise restructuring is a very important means of rescue, but with the deepening of enterprise restructuring, the problem gradually emerged, particularly in enterprise reform and the process of conversion of the operating mechanism of denial or obstruction of debt creditor claims acts frequently, and even intensified, resulting in the dispute have shown an upward trend. Therefore, to safeguard the creditors legal rights, analyze existing laws, policies, and to foreign countries on creditor protection system, the restructuring enterprises claims protection for a more comprehensive system of summarized and explained to creditors in the course of the restructuring of state enterprises to safeguard their legitimate rights and to provide more feasible method and the theoretical support, which regulate enterprise restructuring, effective protection claims, establish credibility concept is of great theoretical and practical significance.This article, based on the theme of protecting enterprise restructuring process claims from five topics :The first part, the debtor enterprise restructuring actions and claims victimsAnalysis of changing the operating mechanisms were two types of restructuring and reform in the form of injury and property claims act. Conversion of the operating mechanism of injury and debt restructuring in the act include: contracting, leasing management, process claims and suffered harm in the process AMC and claims. Restructuring and the reform of property rights and claims forms harm acts include: joint-stock enterprises in the process of harm and claims; In the process of merging with the merger harm and claims; Harm in the process of separation and claims; In the sale (transfer of ownership), and harm the process of claims; And in the process harm debt-to-equity swap and debt. This shows that no matter what kind of reform is a form of debt or prejudice is likely to deny the claims of creditors exercise. In reality, dodging through restructuring, debt hanging around the country, from the central to local levels have happened in the various...