Research On Legal Issues Of Creditor 's Application For Bankruptcy

The creditors apply for bankruptcy as the startup mode of another kind of bankruptcy procedure, and its advantage is that not only to make up for lack of execution of the program and can prevent the individual creditor priority and debtor is unable to repay debts. But our country law of creditor initiated bankruptcy procedures provisions are too principled and general, related programs are not separate, used up is not clear, prove that the difficulty is very big. In this article, by using two case, problem about the creditors apply for bankruptcy, such as "enterprises the bankruptcy law" for the reasons of bankruptcy, the objection review, define the acceptance procedure and trial procedure, to abuse the bankruptcy application power responsibility, property secured creditors have right to apply for bankrupt some no provisions, Some of the provisions are not reasonable, a lot of controversy resulting in the application. By comparing the current legal provisions, combined with the practice of trial experience to solve the above problems puts forward six suggestions, in order to perfect our country’s creditors filed for bankruptcy system, ease the awkward position of creditors in bankruptcy procedure.