Proceedings of the 1st International Conference on Business, Economics, Management Science (BEMS 2019)

Research on the Determination of the Calculation Date of Bankruptcy Debt Interests with Real Right Guarantee

Authors
Linqi Li, Yu Zheng
Corresponding Author
Linqi Li
Available Online May 2019.
DOI
https://doi.org/10.2991/bems-19.2019.25How to use a DOI?
Keywords
security interest; bankruptcy claims; interest; calculation date; legitimacy.
Abstract
The interest-bearing claims to stop interest-bearing at the time of acceptance of bankruptcy application is one of the basic criteria for the determination of the amount of creditor's rights as stipulated in China's Enterprise Bankruptcy Law. However, whether the creditor's rights in the rule include claims with real right guarantees, the theoretical and practical departments have both positive and negative views. Under the entire legal system and socio-economic background, the interest on bankruptcy claims with real right guarantees should be calculated to the date of debt settlement, which is required by the legislative purpose of the security interest, Enterprise Bankruptcy Law and Property Law there is no conflict in the scope of priority compensation for property security; this is determined by the legislative purpose of the bankruptcy proceedings. The interest rights of the secured creditor are calculated to the date of liquidation, which is not only fair to the secured creditor, but also does not harm the interests of ordinary creditors.
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Proceedings
1st International Conference on Business, Economics, Management Science (BEMS 2019)
Part of series
Advances in Economics, Business and Management Research
Publication Date
May 2019
ISBN
978-94-6252-720-1
ISSN
2352-5428
DOI
https://doi.org/10.2991/bems-19.2019.25How to use a DOI?
Open Access
This is an open access article distributed under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Linqi Li
AU  - Yu Zheng
PY  - 2019/05
DA  - 2019/05
TI  - Research on the Determination of the Calculation Date of Bankruptcy Debt Interests with Real Right Guarantee
BT  - 1st International Conference on Business, Economics, Management Science (BEMS 2019)
PB  - Atlantis Press
SN  - 2352-5428
UR  - https://doi.org/10.2991/bems-19.2019.25
DO  - https://doi.org/10.2991/bems-19.2019.25
ID  - Li2019/05
ER  -