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Claims processing business of bankrupt Opinion

Notified person the right to appeal. Not subject to appeal by the people's court within three months closed at the time. Shall be transferred to the people's court accepts the bankruptcy case, by the people's court accepts the bankruptcy case in accordance with article 45 of this opinion, the provisions of Article 46. The people's court shall notify the transfer. According to these provisions, the People's Court accepted a bankruptcy case. Creditors of bankrupt enterprises to the economic dispute cases. If can not be concluded within three months, all cases should be transferred to the people's court accepts the bankruptcy. Accordance with the The author believes that confirmed, in order in accordance with the . The rights and interests of Taiwan cowardly lack of legal protection. () The debtor bankrupt enterprises anger business people's court settlement notice, the amount of the debt and no objection,[link widoczny dla zalogowanych], but are unable to discharge if the debtor has a guarantor, the guarantor of the debtor bankrupt enterprises of their claims should be how to exercise? It is interesting to study problems. According to and the debtor jointly and severally responsible. for the joint responsibility to ensure joint responsibility to ensure that the general guarantee and the guarantee are two different ways, different from the guarantor's liability, the rights of creditors are also different. joint you any assurance, when the main contract Upon the expiration of the debt, the creditor may require the debtor to discharge debts either. You can also request the guarantor to perform the debt within the scope of the guarantee, is different from the general to ensure joint responsibility to ensure that general assurance, when the main performance of obligations under the contract period expires, the creditor only First of all rights to claim against the debtor only if the debtor can not perform the debt, creditors can claim the rights to the guarantor. If the creditors first claim to the general rights and J. guarantor or any claim to the debtor while Youxiang general claim by the guarantor, then General sponsor shall enjoy the right of Plea. According to the above requirements. the people's court should first identify the guarantor of the debtor bankrupt enterprises or joint and several liability is a general guarantee to ensure that if a joint responsibility to ensure that you can directly notify the guarantor undertake to guarantee the security within the scope of responsibility. If guarantor of security in your office without objection, it should be in accordance with the by the people accepted a bankruptcy case by the trial court, if confirmed to ensure that the contract valid, the guarantor shall bear the joint responsibility to ensure that, should be in accordance with , Pui IJ excluded to ensure that responsibility. If the general security, the first of the main contract should be held to settle the obligation the debtor. or arbitration, well according to the law to enforce the debtor can not perform the debt, the creditor can to law. destroy service is confirmed, to ensure that units with effective, in the main text should be clear verdict: the debtor bears the responsibility for debts, in the implementation of coercive measures against the debtor until the debt is still unable to perform, the guarantor does not undertake to guarantee responsibility. When the implementation of coercive measures against the debtor can not perform the debt, the guarantor shall undertake to guarantee the security context of responsibility. Thus, only in the implementation of coercive measures against the debtor can not fulfill the people's court be notified within the general scope of the guarantor undertake to guarantee the security responsibility for the well in accordance with the , Article 46 of the treatment. Estuary Series bat: Yes, Gui Jing - 1 -