In the real world, as social competition becomes more and more intense, there are many companies that go bankrupt due to problems in operation and management. You must know that if the company goes bankrupt, it is necessary to deal with the debt problem and can carry out debt restructuring, so what is the debt treatment of enterprise bankruptcy and reorganization?
Netizen consultation:
How to deal with enterprise bankruptcy and restructuring debts
Lawyer answers:
Who will pay the debts after bankruptcy reorganization depends on the circumstances:
1. If the bankruptcy procedure has been performed, the debts of the bankrupt enterprise can only be paid from the disposal of assets;
2. If it is not used to repay debts but is restructured, it can be recovered in accordance with law;
3. Generally speaking, the company's debts must be borne by the company. The company's debts will be borne by the shareholders if:
1) The shareholder's capital contribution is not true;
2) Shareholders withdraw funds.
The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.
The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions;Shareholders of shares*** are liable to the company to the extent of their subscribed shares.
Lawyer adds:
The draft reorganization plan shall include the following:
1) the debtor's business plan;
2) Classification of creditor's rights;
3) Creditor's rights adjustment plan;
4) Creditor's rights repayment plan;
5) The period for the implementation of the reorganization plan;
6) The period of supervision of the implementation of the reorganization plan;
7) Other programs conducive to the reorganization of the debtor.
Laws and Regulations] Article 75 of the Enterprise Bankruptcy Law of the People's Republic of China.
During the reorganization, the exercise of a security right in specific property of the debtor is suspended. However, if there is a possibility that the collateral may be damaged or its value is significantly reduced, which is sufficient to endanger the rights of the security right holder, the security right holder may request the people's court to resume the exercise of the security right.
During the reorganization period, if the debtor or the administrator borrows money for the purpose of continuing its business, it may create a guarantee for the loan.
Article 76 of the Enterprise Bankruptcy Law of the People's Republic of China.
If the debtor lawfully possesses the property of another person, and the owner of the property requests to take it back during the reorganization period, it shall comply with the conditions agreed in advance.
Profile of Mr. Fu Zhifeng
Director of the Department of Civil and Commercial Affairs of Jiangsu Liu Hong Law Firm, Master of Nanjing University, Corporate Legal Counsel of Nanjing, Member of Jinling Lawyers Association, mainly handling marriage and family affairs, debts and debts and criminal case defense.