Bankruptcy liquidation is a solution for enterprises to face economic difficulties, but how to deal with debts after bankruptcy liquidation is also a problem. This paper will introduce the specific methods of debt treatment after bankruptcy liquidation, including the priority of debt liquidation, the rights of creditors and the important links in liquidation procedures.
1, debt treatment after bankruptcy liquidation
1. 1 debt settlement priority
To deal with debts after bankruptcy liquidation, we must first make clear the priority order of debt liquidation, including government taxes, wages and remuneration of workers, debts between creditors and debtors, and other debts. First of all, government taxes should be paid, followed by the wages and remuneration of workers, then the debts between creditors and debtors, and finally other debts.
1.2 Rights of creditors
After bankruptcy liquidation, creditors have the right to ask the debtor to pay off debts, or they may ask the liquidation committee to auction the debtor's property to pay off debts. At the same time, the creditor may also request the liquidation committee to determine the debtor's property as compensation for the creditor's repayment of debts.
1.3 Important links in liquidation procedures
In bankruptcy liquidation, the important links of liquidation procedure include: first, the liquidation Committee should evaluate the debtor's property to determine the feasibility of liquidation; Secondly, the liquidation committee issues a liquidation announcement to notify creditors and debtors; Third, the liquidation group should auction the debtor's property or determine its compensation as a creditor to pay off the debt; Finally, the liquidation committee determines the remaining property after liquidation as the debtor's reward for paying off debts.
To deal with debts after bankruptcy liquidation, we must first make clear the priority order of debt liquidation, then understand the rights of creditors, and finally understand the important links in liquidation procedures. Only by clarifying these links can we effectively deal with the debts after bankruptcy liquidation.
This paper introduces in detail the debt treatment after bankruptcy liquidation, and introduces the priority order of debt liquidation, the rights of creditors and the important links in the liquidation procedure. Through this article, readers can better understand the debt treatment after bankruptcy liquidation and take effective measures according to different situations.
There are many ways to solve the debts of the company applying for bankruptcy, including creditor's consent to debt restructuring, creditor's consent to debt relief, creditor's consent to debt transfer, creditor's consent to debt change and bankruptcy court ruling. These schemes have their own advantages and disadvantages, and may have different effects in different situations.
I. Creditors agree to debt restructuring
1. 1 Advantages of creditors agreeing to debt restructuring
The advantage of creditors agreeing to debt restructuring is that the company applying for bankruptcy can obtain financial relief and reduce debt pressure by restructuring debts, reducing debt amount, shortening debt maturity and changing debt types.
1.2 disadvantages of creditor's consent to debt restructuring
The disadvantage of creditors agreeing to debt restructuring is that the company applying for bankruptcy needs to reach a debt restructuring agreement with creditors, and creditors may refuse to restructure, resulting in the failure of debt restructuring.
2. Creditors agree to debt relief.
2. 1 Benefits of creditors agreeing to debt relief
The advantage of creditors agreeing to debt relief is that the company applying for bankruptcy can reduce the amount of debt by reaching a debt relief agreement with creditors, thus obtaining financial relief and reducing the pressure of debt.
2.2 Disadvantages of creditors agreeing to debt relief
The disadvantage of creditors agreeing to debt relief is that creditors may refuse to reduce debt, which will lead to the failure of debt relief agreement.
Three. The creditor agreed to transfer the debt.
3. 1 Creditors agree to the benefits of debt transfer
The advantage of creditor's consent to debt transfer is that the company applying for bankruptcy can transfer the debt to other companies or individuals by reaching a debt transfer agreement with creditors, thus obtaining financial relief and reducing the debt pressure.
3.2 Creditors agree to the disadvantages of debt transfer
The disadvantage of creditor's consent to debt transfer is that the creditor may refuse to transfer the debt, resulting in the invalidation of the debt transfer agreement.
Four. The creditor agreed to change the debt.
4. 1 Creditors agree to the benefits of debt change
The advantage of creditor's consent to debt change is that the company applying for bankruptcy can change the term and interest rate of debt by reaching a debt change agreement with creditors, thus obtaining financial relief and reducing the pressure of debt.
4.2 Disadvantages of Creditors' Consent to Debt Change
The disadvantage of the creditor's consent to the debt change is that the creditor may refuse to change the debt, which will lead to the invalidation of the debt change agreement.
Verb (abbreviation of verb) Bankruptcy court ruling
5. 1 Advantages of bankruptcy court ruling
The advantage of the bankruptcy court ruling is that the company applying for bankruptcy can obtain various rulings such as debt relief, debt restructuring and debt transfer by applying to the bankruptcy court, so as to obtain financial relief and reduce the debt pressure.
5.2 Unfavorable conditions ruled by bankruptcy court
The disadvantage of the bankruptcy court ruling is that the bankruptcy court ruling may not be accepted by creditors, which leads to the invalidation of the bankruptcy court ruling.
Companies applying for bankruptcy have a variety of debt solutions, including creditors agreeing to debt restructuring, creditors agreeing to debt relief, creditors agreeing to debt transfer, creditors agreeing to debt change and bankruptcy court ruling. These schemes have their own advantages and disadvantages, and may have different effects in different situations. Therefore, the company applying for bankruptcy needs to choose the most suitable debt solution according to the specific situation and the wishes of creditors in order to obtain the best results.