The Guarantor Claims That The Law Of Bankruptcy Is Applicable

this article is to Xichang electric power company bankrupt who has been discharged toHuaxiang company claims bankruptcy offset in the case analysis, this paper analysis toXichang electric power company have the right to claim the bankruptcy offset for focus. Fulltext on the issue of main Xichang electric company bankruptcy offset conform to "bankruptcylaw" article39relevant bankruptcy creditor’s offset conditions discussions, first of all,according to the bankruptcy law ","security law and judicial interpretation to clarify therelevant provisions of the both parties to be offset creditor’s rights and debts of the formationcause and effect, thus further define the rights and obligations of each pay; And then in thelaws and legal analysis concluded that the debtor into bankruptcy procedure, the creditors’claims have been applied to the bankruptcy cases, the guarantor has not made in accordancewith the original creditor to bankruptcy debtor creditor’s rights, the right of recourse ofexercise also does not comply with the "because of the pay off and remove the principalresponsibility" this requirement, thus the guarantor does not apply to "bankruptcy law" articlefortieth relevant bankruptcy offset regulation, shall not be entitled to claim bankruptcy claimsbankrupt who has been discharged, the guarantor of the bankruptcy offset claims if recognizednot only against the bankruptcy law fair principle, also be paid against bankruptcy programban repeated declaration of spirit, therefore the guarantor also cannot claim to the trustee inbankruptcy, the declaration of bankruptcy offset the rest of the bankruptcy claims can beconfirmed, and, because the two sides for the guarantor to bankrupt who has been dischargedin the payment obligation no objection to that, the guarantor to pay in accordance with thebankrupt who has been discharged was used as a guarantor of based on the guarantor toperform the mortgage obligations by loss; Finally this paper about the law, bankruptcy debtorand creditor’s interests to balance the provisions of the law to define the rights and interests ofthe protection and the guarantor should ensure that the relationship between the risk, and to thecase that the bankruptcy that offset the negative is accord with the law of value choice and theexpected.