Management Of Claims In Bankruptcy Creditors

Bankruptcy liquidation refers to the enterprise liquidation caused by thedeclaration of bankruptcy according to law because severe losses are caused by pooroperation and management of the company, which fails to pay off its due debts. Thegoal of bankruptcy liquidation is to establish a fair and orderly procedure of debtsettlement when the debtor becomes insolvent, which can not only maximally protectthe interests of the debtor and creditor to realize as much of the creditor’s rights aspossible, but also realize the maximum value of bankruptcy assets after appraisingallocation of bankruptcy assets and re-optimization and allocation of the resources.However, in recent years, various illegal acts, such as bankruptcy fraud, havefrequently occurred during the bankruptcy liquidation, and some debtors have utilizedthe bankruptcy procedure to plan various fraud acts to avoid the debt, which hasviolated the creditor’s interests, harmed the employees’ interests and damagedeconomic order. By referring to a large amount of actual cases, this paper sorts outvarious problems existing in the researches on the creditor’s rights managementduring the corporate bankruptcy liquidation, points out the causes of these problemsand proposes corresponding improvement measures to realize the goal of bankruptcyliquidation.This study is to protect the interests of creditors in the bankruptcy liquidation,unlike traditional corporate liquidation creditor rights protection, which is a relativelynew area of research. The paper mainly introduces the background and significance ofthis topic, the status quo of domestic and foreign researches, the research method andthe research content, summarizes and discusses the theoretic basis of creditor rightsmanagement. Through comparison between the bankruptcy procedures of thecompany with normal liquidation and the company with bankruptcy liquidation, thepaper summarizes the characteristic of creditor’s rights management of the companywith bankruptcy liquidation from the three aspects of the composition of liquidationteam, the supervisory mechanism and the compensation order of creditor’s rights. Bycombining various cases, specifically analyzes the problems existing in the protectionof creditor’s rights during the corporate bankruptcy liquidation, analyzes from variousperspectives such as the external environment, bankruptcy administrator and creditorand points out the problems existing in the protection of creditor’s rights inaccordance with various relations. Finally, corresponding countermeasures areproposed to improve the creditor’s rights management during the corporate bankruptcy liquidation.