The Methods Of Confirming Bankruptcy Claims During Bankruptcy Procedure

Compared to the trial bankruptcy law, many good results have been achieved in regulating the bankruptcy procedure because of the implementation of the new bankruptcy law, and the new law itself also fixes a number of irregularities. In practice, however, there were really few companies having turned into the bankruptcy procedure, while there were a variety of unexpected difficulties occurred during the procedure, which gave the challenge to the legislation.The first hurdle after the start of bankruptcy procedure in the bankruptcy procedure is to confirm the bankruptcy claims, which is the premise for bankruptcy creditors to get their corresponding voting rights, and the bankruptcy claims should be confirmed at first no matter in bankruptcy liquidation, bankruptcy reorganization or bankruptcy settlement procedure. It can be said that, confirming the bankruptcy claims has extraordinary significance for the bankruptcy procedure, and it's also an important part influencing all parties' rights and obligations. Therefore, this paper focuses on discussion regarding the confusion and recommendation during confirming the bankruptcy claims.There are two ways to confirm the bankruptcy claims, non-objection bankruptcy claims confirmation and objected bankruptcy claims confirmation. Compared with the two ways to affirm claims in normal civil and commercial laws, admission and litigation, I take the opinion that, non-objection bankruptcy claims confirmation is similar to admission, while objected bankruptcy claims confirmation is more like litigation. Based on this classification, the first part of this paper makes the overall layout and ideas clear, while the second part discusses the topics regarding the owner of rights for substantive review, and the voting issues in creditors meeting during the non-objection bankruptcy claims confirmation, and the third part gives my thoughts and recommendations regarding the litigation conditions, special rules for the litigation procedure and the effectiveness of the judgment during objected bankruptcy claims confirmation. For the content, because no dispute settlement is involved during the non-objection bankruptcy claims confirmation, and a better way for objected bankruptcy claims confirmation is more conducive to resolve conflicts and accelerate the completion of the whole bankruptcy procedure, considering there were more controversies and practical innovations regarding the latter, this paper pay more attention to the non-objection bankruptcy claims confirmation in contrast to the objected bankruptcy claims confirmation.For the study methods, on one hand, this paper refers to different legal rules used by different countries on the key issues, compares the different legislative styles, to draw the conclusion that whether we need to improve our bankruptcy law consulting other countries' bankruptcy law; on the other hand, this paper proposes substantive legislatives proposals under the premise of compliance, based on practical innovation, by comparing the differences between the legislations and practical operations.Although this paper does not discuss the methods to confirm bankruptcy claim during the bankruptcy procedure exhaustively, I still hope that, this paper can give some advice for the abuilding judicial interpretation of the bankruptcy law, and even the amendment in the future, to help improve our bankruptcy legislation.