A Study On The Conflict Of Bank 's Advance Loan And Bankruptcy Withdrawal

Bank loans received in advance as an international business practice is widelyrecognized between legislation and jurisprudence, it plays an important role as animportant means of non-performing loans on bank risk control. For banks to recoverloans on the eve of the bankruptcy, the insolvency administrator in order tomaximize the estate is often based on the "Bankruptcy Law" provisions of Article31and Article32of the court for the revocation of the bank in advance to receive creditbehavior. During the trial practice, the judge found the bank in advance of theclosing acts of the legal nature of the loan and the legal consequences of theexistence of large differences. Because of legal requirements for bank loans receivedin advance is more superficial, as well as the right to revoke the bankruptcyprovisions constitute elements of rather vague, it is indeed related to the judgehandling the case caused a great challenge.In this paper, the bank "Contract Law" early maturity adjustment under the termsof the law, and between the "Bankruptcy Law" bankruptcy avoidance powers underthe applicable choice to adjust the perspective, and based on ideas related to the trialof cases received in advance of bank lending behavior and bankruptcy revocation ofthe right to apply to the analysis of conflict, hope trial practice on such issues andour laws made little sound advice.The first chapter is the question raised in this article, received in advance bybank lending behavior and bankruptcy avoidance powers of the conflict between thetwo leads to a general description of the applicable and list the focus of controversyrelated court cases encountered in handling and the idea of using the trial, thefollowing analysis will commence on issues related to jurisprudence encountered.The second chapter of the bank in advance to close the loan interest and the rightto revoke the applicable insolvency conflict analysis. First, the banks were closedahead of the legal value of the loan with the right to revoke the bankruptcy elaborate,which leads to early closing bank lending sources of conflict of interest and the right to revoke the bankruptcy; then reveals the core of the bank loans and bankruptcyearlier received the right to revoke a conflict of interest by introducing anappropriate balance baseline conflict of interest; finally closing the loan with thebank in advance of bankruptcy the right to revoke a conflict of interest fordistribution.The third chapter of bank loans received in advance of bankruptcy laws inconflict with the right to revoke the applicable analysis. This chapter accord to thelegal logic to the closing of the bank loans are analyzed in advance and bankruptcyavoidance powers conflict. First, the legal nature of bank lending behavior receivedin advance are introduced; then combined with case law generally superior to thespecial law to analyze the correctness of the trial of ideas; followed by banks aheadof the closing of the loan contract in effect the right to terminate the elaborate andintroduce malice management maturity debt settlement; finally received advanceloans on bank balance conflict with the law the right to revoke the bankruptcy.The fourth chapter is about avoidance powers of judicial conflict resolution.This chapter combines Europe, Germany, Japan and Taiwan of China ahead of theclosing of the bank loans and bankruptcy avoidance powers conflict resolutionmechanism, combined with our judicial trial practice, in advance of the closing ofthe loan with the bank to resolve the bankruptcy of conflict avoidance powers madelittle advice.