On The Balance Of Interests In Reorganization Proceedings

The bankruptcy reorganization procedure is a legal procedure that provides relief to the debtor's enterprise in trouble,and through the adjustment of the interests of the debtor's enterprise,creditor,strategic investor,enterprise employee and other subjects,it can finally realize the fair clean-up of creditor's rights and debts,but also open up a new way for the reconstruction and revival of the debtor's enterprise.The reorganization system involves the complexity of interests,especially the other ex-owner and the above-mentioned subject have a large interest difference,reasonable balance of the reorganization procedure between the other power and the interests of the parties,the reorganization of the debtor's enterprise is of great significance.The body part of this article is divided into four chaptersThe first chapter,bankruptcy ex-rights overview.First of all,a brief introduction to the author actually participated in a case of enterprise bankruptcy reorganization,through a brief introduction of the case led to the bankruptcy of the right to exclude the conflict of interest in the reorganization process.Secondly,it is clear that the basic connotation of the right of bankruptcy is separated,the basic characteristics of the bankruptcy ex-right are summarized,and the scope of the right to divide the right of bankruptcy is defined.Chapter TWO,conflicts of interest and problems in bankruptcy reorganization.This chapter includes two parts,the first part introduces the conflict of interest between the other ex-owner and debtor,strategic investor,ordinary creditor and employee in China's reorganization procedure,and discusses the settlement of the settlement between the unpublished security right and the ordinary creditor's right.The second part introduces the conflict between the right to exclude bankruptcy and the voting rules of reorganization plan and the compulsory ruling rules of reorganization plan in the Enterprise Bankruptcy Law of the People's Republic of China(hereinafter referred to as the Enterprise Bankruptcy Law).Chapter III,the analysis of the reasons for the conflict of interest involved in bankruptcy.This chapter mainly discusses the legislative value of bankruptcy reorganization system and security property right from the value level,and it is with different legislative value as the guide that the two different legal systems of bankruptcy reorganization and guarantee are designed.Chapter FOUR,the balance of conflicts of interest involved in bankruptcy.This chapter mainly analyzes the conflicts of interest and problems found in the second chapter of this paper,and gives solutions from the extraterritorial experience.This includes the balance of conflicts of interest between rights holders and debtors,strategic investors,ordinary creditors and employees,as well as the conflict between the right to exclude bankruptcy and the voting rules of the reorganization plan in the Enterprise Bankruptcy Law and the rules for compulsory adjudication of reorganization plans.