The Extent Of The Limitation Of Secured Claims Interest In Bankruptcy Reorganization

In order to realize the ultimate goal of rescuing troubled enterprises and providing them with opportunities for rebirth,it is necessary to reasonably limit the interests of secured claims in the bankruptcy reorganization process.However,if the interests of secured claims are excessively restricted,it will deviate from the legitimate value orientation of bankruptcy bankruptcy reorganization and may lead to greater crisis.Therefore,in terms of legislation and practice,the bankruptcy bankruptcy reorganization system should pay attention to the legitimacy of the limitation of interests of secured claims and control the restriction behavior within a reasonable limit to ensure the interests of all parties in a balanced state.This paper will focus on the following aspects from the perspective of practitioners' practice:The first part is the boundary of limitation of interests of secured claims in suspension system.Clarify the legal time point and scope of the suspension of secured claims in the bankruptcy reorganization procedure.The suspension system only suspends the security creditor's right to claim for security property,and can't deprive the security creditor's right of priority compensation through the suspension.The second part is the boundary of the limitation of creditor's rights interest in the formulation of the bankruptcy reorganization plan.This paper focuses on the whole process of the bankruptcy reorganization plan,and discusses the situation of restricted secured claims in each stage of bankruptcy reorganization and the harm caused by excessive restrictions.Firstly,it analyzes the defects of the single body in the process of the draft bankruptcy reorganization plan formulation and the necessity of the guarantee creditor's participation in the draft plan formulation.Secondly,based on the bankruptcy reorganization of 13 listed companies under "strong sanctions",this paper summarizes the impact of the defects of the mandatory approval standard and the abuse of the existing bankruptcy reorganization plan on the secured claims,and analyzes the discretionary power of the court and the intervention boundary of the administrative power on the bankruptcy reorganization process.The third part is the boundary of guarantor interest limitation in the implementation of the bankruptcy reorganization plan.This paper analyzes the impact of the arbitrary extension of the execution period of the bankruptcy reorganization plan on the secured claims.At the same time,clarify the supervision rights that the secured creditor should enjoy during theimplementation of the bankruptcy reorganization plan and the reasonable remedies that can be implemented when the plan is excessively restricted or infringed unreasonably.The fourth part,according to the above mentioned problems,proposes the corresponding solution.Based on the absence of current legislation and the need of practical operation,the author will put forward Suggestions on the improvement of the suspension system damage compensation mechanism,the right of the secured creditor to participate in the formulation of the bankruptcy reorganization plan,the reconstruction of the mandatory approval system and the reasonable right of supervision in the implementation of the bankruptcy reorganization plan.It will contribute to the healthy development of the bankruptcy reorganization system,the construction of the bankruptcy reorganization system and the perfection of the bankruptcy law legislation in our country.