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On The Insolvency Administrator Audit Practices, The Declaration Of Bankruptcy Claims

Posted on:2006-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:X J XiFull Text:PDF
GTID:2206360182490781Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Bankruptcy creditor's right is the property claim registered and discharged inaccordance bankruptcy procedures. From the perspective of substantive law,bankruptcy creditor's right is the pecuniary creditor's right or the creditor's right thatmay be evaluated with money against the debtor and constituted before thecommencement of the bankruptcy procedures, which is an enforceable property claim.The range of bankruptcy creditor's right is creditor's right without property security,including guarantor's claim for compensation, joint and several liability creditor's right,right of recourse on bill, right of recourse for damages, etc.. In the course ofverification of creditor's right, non-bankruptcy creditor's right shall be excluded andattention shall be paid to the discrepancy between bankruptcy creditor's right andnon-bankruptcy creditor's right. Among the issues of application and registration ofbankruptcy creditor's right, timing for and addressee of application, materials to besubmitted, legal consequence of application in delay and remedies thereto, the issue ofapplication and registration of employees' creditor's right deserves an in-depthdiscussion. In the course of application and registration of bankruptcy creditor's right,the main part of the trustee in bankruptcy's work is to verify the bankruptcy creditor'sright and this article also sets out the keys points to be kept in mind in the verificationwork of the trustee in bankruptcy and distinguishes ordinary creditor's right and securitycreditor's right. Different from the traditional approach that tends to neglect theverification of security creditor's right, this article demonstrates the importance of theverification of security creditor's right. Finally, bankruptcy creditor's right verificationreport of the trustee in bankruptcy and the confirmation report on the creditors' meetingare the conclusion of the bankruptcy creditor's right verification work and the basis onwhich the bankruptcy properties are to be distributed.
Keywords/Search Tags:Administrator
PDF Full Text Request
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