Creditor's right declaration means that when the people's court hears a bankruptcy case, when the bankruptcy application is accepted, the creditor must declare the creditor's right. So how long is the deadline for the declaration of creditor's rights?
Netizen consultation:
How long is the deadline for filing claims?
Lawyer answers:
After accepting the bankruptcy application, the people's court shall determine the time limit for the creditor to declare the creditor's rights. The time limit for declaration of creditor's rights shall be calculated from the date on which the people's court issues the announcement of acceptance of the bankruptcy application, and shall not be less than 30 days and shall not exceed 3 months at the longest.
Unexpired creditor's rights shall be deemed to be due when the bankruptcy application is accepted.
Interest accrual shall cease to accrue on interest-bearing claims from the time the bankruptcy application is accepted.
Creditors may declare conditional and time-limited creditor's rights and creditor's rights that are pending in litigation or arbitration.
Lawyer adds:
How to deal with bankruptcy overdue declaration of creditor's rights?
1. If the creditor fails to declare the creditor's rights, all the procedural rights of the creditor to participate in the bankruptcy procedure, including the right to participate in the creditors' meeting, the right to vote, the right to object, the right to accept the distribution of property, etc.
2. If the creditor fails to declare on time, the distributed property will not be supplemented and distributed. Even if it makes a supplementary declaration before the final distribution of the bankruptcy estate, the distribution that has been made before it will not be supplemented, and the creditor shall also bear the costs associated with the review and confirmation of the supplementary declaration claim.
3. If the debtor enters the reorganization procedure and the creditor fails to declare the creditor's rights on time, the creditor shall not exercise any right to demand repayment of the debt during the implementation period of the reorganization plan. However, the creditor has not lost its substantive right to demand repayment of debts, and it still has the right to exercise its rights in accordance with the repayment conditions of the same kind of claims stipulated in the reorganization plan after the completion of the implementation of the reorganization plan.
4. If the debtor enters the bankruptcy reconciliation procedure and the creditor fails to declare the creditor's rights on time, the creditor shall not exercise any right to demand repayment of the debt during the implementation period of the settlement agreement. However, the creditor has not lost its substantive right to demand repayment of the debt, and it still has the right to exercise its rights in accordance with the repayment conditions stipulated in the settlement plan after the completion of the execution of the settlement agreement.
Laws and Regulations] Article 45 of the Enterprise Bankruptcy Law of the People's Republic of China.
After accepting the bankruptcy application, the people's court shall determine the time limit for the creditor to declare the creditor's rights. The time limit for declaration of creditor's rights shall be calculated from the date on which the people's court issues the announcement of acceptance of the bankruptcy application, and shall not be less than 30 days and shall not exceed 3 months at the longest.
Article 48.
The creditor shall declare the creditor's rights to the administrator within the time limit for filing the creditor's rights determined by the people's court.
The wages, medical treatment, disability allowance and bereavement expenses owed by the debtor to the employees, the basic endowment insurance and basic medical insurance expenses that should be included in the employees' personal accounts, and the compensation that shall be paid to the employees according to laws and administrative regulations, do not need to be declared, and the manager shall make a list and publicize them after investigation. If an employee has any objection to the entry in the list, he or she may request the manager to make corrections;If the manager refuses to make corrections, the employee may file a lawsuit in the people's court.
Profile of lawyer He Xin
Economic disputes such as construction projects, creditor's rights and debts.