Research On The Protection Of Bank Creditor's Rights In Enterprise Bankruptcy Reorganization

Bankruptcy is an unavoidable reality in the operation of modern enterprises,and it is a fair distribution of the assets of bankrupt enterprises among creditors.In general,banks are the biggest creditors of bankrupt enterprises,and banks may be the biggest victims of bankruptcy.In bankruptcy proceedings,there is no essential difference in legal positioning between bank claims and other types of claims,unless the bank claims are given priority to guarantee claims due to guarantee behavior,and in other cases the bank claims are not given priority in the bankruptcy proceedings.In our country,the stability of the banking and financial industry is the foundation of the stability of the national economy.The degree of realization of bank claims is also a prerequisite for banks to play a social intermediary role.Unfortunately,neither the Corporate Bankruptcy Law nor the Commercial Banking Law gave The creditor's rights of the bank are sufficiently valued and protected.This article is targeted at current inadequate legal system protection of bank claims in bankruptcy reorganization procedures,this article explores laws that improve the compulsory approval system and debt-for-equity swap mechanism in bankruptcy by improving the draft bankruptcy reorganization plan draft.Design and increase bank creditor's participation rights in bankruptcy and reorganization to strengthen the protection of bank creditor's rights,and strive to propose solutions from the perspective of special bank creditor's rights protection,make recommendations for bankruptcy and reorganization legislation,and improve China's corporate bankruptcy and reorganization legal system Provide scientific advice for the effective protection of bank claims in the process of corporate bankruptcy reorganization.This article is divided into three parts:Part I:Starting from the overview of China's bankruptcy and reorganization system,by clarifying the nature and classification of bank claims in the bankruptcy and reorganization process,the legality and speciality of bank claims and other claims are explained.This paper analyzes the necessity of protecting bank creditor's rights in bankruptcy from the two aspects of bankruptcy reorganization's ineffective realization and bankruptcy's reliance depends on the support of bank creditors.Part II:Starting from the current legislative status of bank creditor's rights protection,analyze the contribution of current laws to the protection of banker's creditor's rights during bankruptcy and reorganization,and analyze the bankruptcy and creditor's weak protection under the existing legal system through the restructuring case of Zhonggang And the significance of this case for the protection of bank claims.we further explored the serious deficiencies in the protection of bank claims in China's corporate bankruptcy and reorganization,including problems with the compulsory approval system of the draft bankruptcy and reorganization plan,problems with the legal design of the debt-to-equity swap mechanism,and bank creditors.Insufficient participation rights in bankruptcy and reorganization procedures have affected the realization and protection of bank creditors' rights and interests.Part III: Propose corresponding suggestions for the problems in the protection of bank claims in China's corporate bankruptcy and reorganization.First,improve the compulsory approval system for the draft bankruptcy and reorganization plan,including improving the legal procedures for approval of bankruptcy and reorganization plans,and establishing bank guarantee claims.Guarantee mechanism and the rules of realizing the best interests of ordinary creditors.The second is to improve the legal design of the bank's debt-to-equity mechanism,including the improvement of the bank's debt protection system,the mechanism for banks to participate in corporate governance and the bank's equity exit mechanism after debt-to-equity swaps.The third is to improve the rights of bank creditors to participate in bankruptcy and reorganization,including giving full play to the role of banks as members of creditor committees,giving full play to the role of creditors committees of banking financial institutions,giving bank creditors the right to formulate reorganization plans,clarify the scope of bank creditors' supervision,and establish a system of reorganization supervisors.Finally,it is clear that the market-oriented reforming system framework is the direction for the development and improvement of China's reforming system,which can more fairly,reasonably,and effectively protect the interests of all parties in bankruptcy and reforming.