Interests Of Secured Creditors In The Bankruptcy Reorganization Proceedings To Protect Research

Based on the analysis of the value goal of reorganization and the definition of Secured creditor in bankruptcy law,start with the interests conflict between restructuring process and the secured creditor, Set out the necessity of protecting the interests of secured creditors in the reorganization procedure. Compared to relative legislative system of American and Japan, contrast to relevant provisions of the Bankruptcy Reorganization in our country, analyze its shortcomings and put forward comprehensive proposals.The first chapter is about basic study on the concepts. Chapter two is based on interest conflict between restructuring process and the secured creditor. Chapter three analyst the necessity of protecting the interests of secured creditors in the reorganization proceedings through the disadvantaged position of security interests in reorganization. Chapter four analyst U.S. bankruptcy law, Japanese Rehabilitation Law and German bankruptcy law. Chapter five analyst the weaknesses of protecting the interests of secured creditor and rose some suggestions to make it complete.In the end of this article, the author sorted out the overall views, came to an conclusion that in order to make reorganization to be a truly viable law, we have to reconcile the contradictions between protecting the interests of secured creditors and rebuild the debtor, and we also must establish a rational mechanism to protect the interests of secured creditors and complete the relating system of china's reorganization procedure.