1. Apply for bankruptcy of corporate debtors in time.
According to Article 7 of the Bankruptcy Law, if the debtor is unable to pay off the debts due, the creditor may apply to the court for reorganization or bankruptcy liquidation of the debtor. The reason why companies go bankrupt is often poor management. Therefore, as a creditor, once the company finds that the debtor can't pay off the debts due, and the assets are not enough to pay off all the debts or obviously lack the solvency, it should apply for bankruptcy in time according to law to prevent the debtor's financial situation from deteriorating further. This requires the company to pay attention to the debtor's business situation and protect his legitimate rights and interests in time.
2. Distinguish whether the creditor's right belongs to bankruptcy creditor's right.
The so-called bankruptcy creditor's rights refer to the creditor's rights of bankrupt enterprises, which can only be compensated through bankruptcy procedures. Not all claims against bankrupts are bankruptcy claims. Mortgage, pledge, lien and other creditor's rights secured by property. , has priority over other creditors, so the secured creditor's rights can be paid off without bankruptcy proceedings. Therefore, the significance of distinguishing whether it belongs to bankruptcy claims is that bankruptcy claims can only be paid off through bankruptcy procedures, and other claims can be realized by selling collateral, claiming recall rights and claiming security rights.
3, must take the initiative to declare creditor's rights to the court.
Creditors must be clear about their creditor's rights to bankrupt enterprises, and should actively report to the court within the specified time. Once the court accepts the bankruptcy case, it will notify the known creditors and issue relevant announcements and notices. After accepting the bankruptcy application, the court shall determine the time limit for creditors to declare their claims. The time limit for filing creditor's rights shall be counted from the date when the court announces the acceptance of the bankruptcy application, and the shortest time shall not be less than 30 days and the longest time shall not exceed three months. The creditor shall declare the creditor's rights to the court within the reporting period, explain the amount of the creditor's rights and whether there is property guarantee, and submit relevant certification materials. If the creditor's rights are not declared within this time limit, a supplementary declaration can be made before the final distribution of the bankruptcy property; But the distribution that has been done before will not be supplemented. The expenses for examining and confirming the declaration of supplementary creditor's rights shall be borne by the supplementary applicant. Therefore, supplementary declaration is extremely unfavorable to creditors. Therefore, creditors should declare their claims to the court in time to safeguard their rights and interests.
4. Exercise relevant rights through the creditors' meeting.
After the creditors declare their claims, the creditors who declare their claims according to law are members of the creditors' meeting, and have the right to participate in the creditors' meeting and enjoy the right to vote. The purpose of attending the creditors' meeting is to protect one's rights through autonomy. Creditors may entrust agents to attend creditors' meetings and exercise their voting rights. When attending the creditors' meeting, the agent shall submit the creditor's power of attorney to the court or the chairman of the creditors' meeting.
Creditors can exercise the following functions and powers through the enthusiasm of the creditors' meeting: the creditors' meeting exercises the following functions and powers: checking the creditor's rights; Apply to the people's court to change the administrator and examine the administrator's fees and remuneration; Supervisor; Election and replacement of members of the creditors' committee; Decide to continue or stop the debtor's business; Adopt the reorganization plan; Adopt a settlement agreement; Adopt the management plan of the debtor's property; Adopt a price change plan for bankrupt property; Adopt the distribution plan of bankruptcy property; Other functions and powers that the court thinks should be exercised by the creditors' meeting.