What Is the Insolvency Register?

After creditors declare their claims, they must be confirmed before they can exercise their rights in bankruptcy proceedings. However, the creditor's claims declared by the creditors are different.Some have been confirmed by the court's effective ruling and arbitration agency's effective ruling, and have legally determined names and enforcement effects; some are still in the lawsuit; some parties have disputes but have not File a lawsuit or arbitration; in some cases, there is no dispute between the two parties. The general principle of the confirmation of claims is that all claims that are allowed to be challenged through ordinary judicial procedures, that is, claims that have not been confirmed by a legally effective judgement are included in the review and confirmation. It is not included in the review and confirmation.

Confirmation of bankruptcy claims

Chinese name: Confirmation of bankruptcy claims

Foreign name: Confirmation of bankruptcy claims
Category: Commercial Law

Bankruptcy claims confirmation

In bankruptcy proceedings, the contents of creditor's rights confirmation mainly include the following: whether the declared creditor's right is actually established; whether the creditor's right can be repaid in the bankruptcy proceeding according to its nature; the amount of the creditor's right; whether the creditor's property is guaranteed or not; Whether it is sufficient to settle the secured creditor's right may not be sufficient; the creditor's right has not been determined or there are disputes, whether the creditor's right is enjoyed at the creditors' meeting and the amount of the creditor's right represented by them.

The creditor's right confirmed by the referee can be directly listed in the creditor's right registration form.

Judging from the existing legal effects of claims, claims that have an execution name need not be examined and confirmed, and can be directly listed in the claim confirmation form. For the unresolved claims, the rights and obligations shall be clarified through litigation procedures. The rights of the creditors at the creditors' meeting shall be determined in accordance with Article 59 of the Bankruptcy Law. Except for the temporary determination of creditor's rights, voting rights shall not be exercised. That is, it depends on whether the people's court can determine the amount of creditor's rights temporarily. Claims that have been confirmed by the court and other legal documents that can be enforced by the court, such as mediation and arbitral awards, include claims that have been suspended due to the commencement of bankruptcy proceedings. Procedures such as application for retrial appealed these claims, but because such procedures are no longer ordinary judicial procedures, they are special judicial procedures specifically for effective rulings, and before these effective legal instruments are revoked, changed or ruled out in accordance with law These claims are all claims that have been confirmed by the legal effect of the judgment and can be enforced according to law, and the execution effect can naturally be extended to the bankruptcy enforcement procedures, so they can be directly compensated without review and confirmation procedures. Therefore, these claims are not subject to review and confirmation procedures. If the parties still have objections to the claim, even if the effective judgment on which the claim is based is wrong, it can be corrected in accordance with the procedures prescribed in the Civil Procedure Law, and the claim cannot be denied in the bankruptcy procedure in accordance with the claim confirmation process, or accepted. The court in a bankruptcy case changes an existing ruling. It needs to be further explained that the effective judgment of the court or arbitration institution does not need to be reviewed, and the declaration of claims based on this should be directly listed in the bankruptcy claim form, which is also a general practice of legislation or judicial practice in various countries.

Bankruptcy claims confirmation The bankruptcy court may adjust judicially confirmed claims

However, the creditor's right confirmed by the court or arbitration institution's effective judgment can directly obtain the right to be paid in the bankruptcy proceedings, which is only a basic principle. The specific settlement of the creditor's right should still be carried out according to the provisions of the bankruptcy law. The court accepting a bankruptcy case may make necessary adjustments to the content of the claims in the effective ruling in accordance with the special provisions of the bankruptcy law. For example, the judgment stipulated that the debt interest that should be paid off occurred after the bankruptcy case was accepted, because it was not a bankruptcy claim, it was not settled in the bankruptcy proceedings, and so on. In addition, the courts that accept bankruptcy cases have no right to make any changes to the effective rulings of other courts or arbitral institutions.

From the nature of the creditor's rights, the creditor's rights should be declared regardless of whether the creditor's rights are secured or not, and should be examined and confirmed. Article 56 (2) of the "Bankruptcy Law" stipulates that: "Creditors who have not declared their claims in accordance with the provisions of this Law shall not exercise their rights in accordance with the procedures prescribed in this Law." According to this provision, claims with security secured by property rights shall also declare claims. Rights can be exercised in accordance with the bankruptcy law. However, the legislation has no clear stipulation on whether the guaranty owner, especially the creditor who owns the guaranty, has not declared the creditor's right, or can exercise the priority right of compensation for the collateral outside the procedure.

Article 219 of the Property Right Law stipulates that if the debtor performs the debt or the pledgor pays off the guaranteed creditor's right in advance, the pledgee shall return the pledged property. If the debtor fails to perform the due debt or the pledge is realized by the parties, the pledgee may negotiate with the pledgor to discount the pledged property, or may receive priority payment for the proceeds from auction or sale of the pledged property. If the pledged property is discounted or sold, the market price shall be referred to. According to this, when the collateral is in the possession of the creditor (such as pledge, lien on security), the collateral owner can unilaterally auction, sell the collateral and receive priority payment from the proceeds. Therefore, from a practical point of view, even in the bankruptcy process, the guarantor of the guaranty can claim compensation from the guaranty in accordance with the law.

Theoretically speaking, the creditor with real property right did not declare the creditor's right, the right to the collateral was not lost, and he could still exercise the right to compensation, but the part of his creditor who was underpaid from the collateral was not declared. No right to compensation. When the secured creditor in possession of the collateral has not declared his claims, if the other parties have objections to his undeclared claims or to the execution of the collateral, they can only be resolved through litigation.

Confirmation procedures for bankruptcy claims

Confirmation of bankruptcy claims Review of reported claims and preparation of registration forms

Article 57 of China's "Bankruptcy Law" stipulates that after receiving the declaration materials of the creditor's rights, the manager shall register and make a record, review the declared claims, and prepare a statement of claims. The credit statement and credit declaration materials shall be kept by the administrator for inspection by interested parties. Article 58 provides that the credit statement prepared in accordance with Article 57 of this Law shall be submitted to the first creditors' meeting for verification. If the debtor or creditor has no objection to the claims recorded in the credit statement, the people's court shall make an order for confirmation. If the debtor or creditor has any objection to the creditor's rights recorded in the creditor's statement, he may file a lawsuit in the people's court that accepted the bankruptcy application.

It can be seen from this that the bankruptcy administrator needs to review the form of the creditor's rights and put them in a unified form. Specifically, the manager only needs to conduct a formal review when compiling the registration form of creditor's rights. Any claim that meets the requirements of the registration form must be included in the creditor's right registration form. Limitation of action, etc., refused to be included in the creditor's right registration form. At the same time, the administrator also needs to conduct a substantive examination of the claims entered into the credit registration form, such as whether it exists, whether it exceeds the time limit for litigation, whether there is a guarantee, whether the amount is correct, etc., and attach it to the claim registration form submitted to the first creditor meeting. Later, for verification by the creditors' meeting. The registration form of creditor's rights and the declaration materials of creditor's rights shall be kept by the administrator for inspection by interested parties.

Accepting the declaration of claims, reviewing the authenticity of the declaration of claims, and compiling the statement of claims are one of the important responsibilities of the manager and an important part of the smooth conduct of the bankruptcy process. After receiving the declaration materials of the creditor's right, the manager shall register and make a record, review the declared creditor's rights, and compile the creditor's right form. The "examination of declared claims" as specified here mainly refers to a preliminary review of the authenticity of claims declaration, that is, a preliminary review of the authenticity of the claims' certification materials to determine whether the declared claims exist and whether the amount is in line with the actual amount. Match. Although the declared creditor's rights need to be verified by the creditor's meeting, and the debtor and creditor have no objection before they can be confirmed by the people's court, the administrator should exercise the utmost attention when reviewing the creditor's rights and earnestly safeguard the interests of the creditor and debtor. After reviewing the declared creditor's rights, the manager shall summarize the creditor's rights, compile a creditor's statement, and set out the situation of the creditors, the types and amounts of the creditors, and submit them to the first creditor's meeting for verification. Claims against the manager or creditors shall also be stated in the statement of claims.

The procedure for creditors' meeting to check creditor's rights is as follows: First, the manager should read the declaration and registration of the creditor's rights being checked and related evidence, and the creditor will explain. Subsequently, the manager, the debtor, other creditors, and other interested parties, such as the guarantor, stated their opinions. The creditor then explained that others who still had questions could proceed with the inquiry. After verification, if the manager, debtor, other creditors have no objection to the creditor's right, it shall be included in the creditor's right confirmation form. The credit statement is confirmed by the people's court, and its confirmation has the same legal effect as the effective judgment.

Bankruptcy claims confirmation dispute claims must be resolved by court

According to the theory, in order to clarify the legal status of claims that still have objections after verification, the people's court should determine whether the claims should be temporarily included in the claim table. According to China's Constitution and relevant laws, only such judicial decisions can be made by the people's courts in accordance with legal procedures. The creditors 'meeting is only an autonomous deliberative body established in bankruptcy cases to coordinate the legal actions between the parties. It has no right to make mandatory judgments on the parties' substantive civil rights and obligations. Moreover, if the creditor's meeting confirms the creditor's right, it can only be carried out by voting, but this is not feasible in practice. According to Article 59, paragraph 2, of the Bankruptcy Law: "Creditors whose creditor's rights have not yet been determined shall not exercise their voting rights unless the people's court can temporarily determine the amount of creditors' rights for exercising their voting rights. Here," creditors whose creditor's rights have not been determined " It should include claims that have not yet been determined due to verification objections. The above ruling of the people's court allows the objection claims to be entered into the claim table according to the probability of winning, rather than relying solely on the formal registration of the claim table. Making the identification of the plaintiff and defendant in a creditor's right confirmation lawsuit more reasonable and clear, and excluding debts that are difficult to establish according to law from the creditor's right table, will help the parties to automatically sue and reduce the number of unnecessary claims confirmation .

Looking at the provisions on the review and confirmation of creditor's rights in the bankruptcy laws of various countries, especially civil law countries, the basic principles and procedures are generally similar despite the differences in national conditions and historical evolution. Creditors, bankrupts, other interested parties, and managers participate in credit investigation activities. The creditor's investigation can be conducted before the first creditor's meeting, but it is usually conducted concurrently with the first creditor's meeting. In some countries, creditor's rights review is included in the creditor's authority, such as Belgium, but the right to confirm creditor's rights disputes is never in the creditor's meeting. The right to confirm creditor disputes is, without exception, the power of the courts, including those that include creditor review in the power of creditors' meetings. Interested parties have objections to the result of the confirmation of creditor's rights, which should be resolved by way of litigation for creditor's rights confirmation. The judicial interpretation of the old bankruptcy law provided that it was inappropriate for the court to confirm the dispute of the creditor entity through a ruling in the bankruptcy proceedings. However, some issues that do not involve the rights and obligations of the entity can be resolved by the court, such as the determination of whether certain controversial creditors have voting rights at creditors 'meetings and representing creditors' rights when exercising voting rights.

Article 182, paragraph 2 of the Japanese Bankruptcy Law stipulates that for undefined claims, claims subject to suspension conditions, future claims, or claims that cannot be reimbursed by exercising the right of exclusion, if the bankruptcy administrator or bankruptcy creditor disagrees, The court determines whether it should exercise its voting right and how much it should exercise its voting right. It is stipulated here that the court's determination (without requiring litigation) is limited to the creditor's voting rights. The confirmation of the entity's creditor's rights, including its amount, must still be confirmed by the creditor's right.

Article 125 of the "Bankruptcy Law" of Taiwan in China stipulates: "Persons who have objections to the incorporation of bankruptcy claims or their amounts should be raised before the end of the first creditors' meeting, but the reasons for such objections are known to the latter, which is not limited. . The dispute in the preceding paragraph shall be determined by the court. "If this provision is taken literally, it seems that the dispute over bankruptcy claims is resolved by the court, but this is not the original intention of its legislation. Because Article 144 of the "Bankruptcy Law" stipulates that for bankruptcy claims that still have objections or are involved in litigation during bankruptcy distribution, the allocated property shall be deposited according to the distribution ratio. If the disputes of creditor's rights are all settled by the bankruptcy court, the problem that the creditor's rights are still involved in litigation will not arise at all. In this regard, the judicial authorities in China's Taiwan region clearly stated in their judicial interpretation (Taikangzi No. 58 of 1967) that in this provision, the court's ruling has no physical effect and only addresses the rights to participate in the bankruptcy proceedings and the creditors. The issue of the amount of creditor's rights represented by voting rights should still be resolved through litigation if the parties have disputes over the entity's creditor's rights.

Sample bankruptcy claims confirmation report

According to the Notice of the Supreme People's Court on Printing and Distributing the Work Style of the Manager's Bankruptcy Procedure (Trial) (October 13, 2011), in order to further clarify the work responsibilities of the manager in the bankruptcy process, the document format of the manager's work is unified to promote The manager performed his duties correctly and improved the manager's work efficiency and quality. The Supreme People's Court formulated the Working Model of the Manager's Bankruptcy Procedure (Trial).

Sample 1:

Report to the creditors' meeting to verify creditor's rights

(××××) ×× Broken Pipe No. ×

××× (name of debtor) Creditors meeting:

The ×××× People's Court made (××××) × Broken Word Decision No. ×-× on the day of ×××× ×× ××, appointing ××× as ××× (name of debtor) Manager.

The time limit for the declaration of creditor's rights in this case was determined by the ×××× people's court, starting from ×××× year ×× month ×× day to ×××× year ×× month ×× day. During the reporting period of creditor's rights, a total of × household creditors have declared × creditor's rights, and the total amount of creditor's rights declared is RMB × × yuan. Among them, there are a total of XX households with a security right in the debtor's specific property, with a total amount of RMB XX yuan; taxation rights, a total of XX households with a total amount of RMB XX yuan; and ordinary debts with a total of XX households, with a total amount of RMB XX yuan.

After receiving the declaration materials of the creditor's right, the administrator made a register of the declared creditor's rights and reviewed them one by one, and prepared the creditor's right form after the review.

For the creditor's rights included in the creditor's statement, the manager considers that there are a total of × households with a total amount of RMB × × yuan. Among them, there are a total of XX households with a security right in the debtor's specific property, with a total amount of RMB XX yuan; taxation rights, a total of XX households with a total amount of RMB XX yuan; and ordinary debts with a total of XX households, with a total amount of RMB XX yuan.

For the creditor's rights included in the creditor's statement, the manager considers that the total number of unregistered × households is RMB × × yuan. Among them, there are a total of XX households claiming a security right in the debtor's specific property, with a total amount of RMB XX yuan; taxation claims, a total of XX households, with a total amount of RMB XX yuan; and ordinary claims, a total of XX households, with a total amount of RMB XX yuan.

In addition, according to the investigation by the administrator, the employee's creditor's rights totaled × ×, and the total amount was RMB × × yuan.

According to the provisions of Article 58 (1) of the Enterprise Bankruptcy Law of the People's Republic of China, the credit statement is submitted to the first creditors' meeting for verification.

Hereby report.

(Administrator's seal)

×××× year ×× month ×× day

Attachment: 1. A copy of the decision of the designated manager;

2. A register of claims declaration and a statement of claims.

Explanation:

1. The law on which this instrument is based is stipulated in Article 58 (1) of the Enterprise Bankruptcy Law of the People's Republic of China. ". The manager will submit the prepared credit statement to the first creditors' meeting for verification.

2. The declared claims shall be registered whether or not they are bankrupt claims. The manager prepares a credit statement after reviewing the declared credit.

3. The creditor's rights that the manager considers to be established and unfounded shall be compiled into the creditor's rights table, but shall be recorded separately. The statement of creditor's rights should specify the nature of the creditor's rights, the amount, and whether there is any guarantee.

Sample 2:

Report on Requesting the People's Court for Confirmation of No Objection Claims

(××××) ×× Broken Pipe No. ×

×××× People's Court:

According to the provisions of Article 58 (1) of the Enterprise Bankruptcy Law of the People's Republic of China, the present manager submitted the prepared credit statement to the first creditors' meeting for verification on ×××× year ×× month ××. At the same time, the manager will send the prepared debt statement to the debtor for verification on ×××× year ×× month ×× day. After verification and verification, creditors and debtors have no objection to the total × claims recorded in the claim table (see the list of non-objection claims for details). Pursuant to the provisions of Article 58 (2) of the Enterprise Bankruptcy Law of the People's Republic of China, the court applies to your court for ruling and confirmation of the non-objection claims recorded in the credit statement.

Hereby report.

(Administrator's seal)

×××× year ×× month ×× day

Attachment: 1. A copy of each of the claim registration register and the claim form;

2. The results of the first creditors' meeting to check the credit statement;

3. The debtor checks the opinions;

4. List of non-objective claims in the claim table.

Explanation:

1. The law on which this instrument is based is stipulated in the second paragraph of Article 58 of the "Bankruptcy Law of the People's Republic of China": "If the debtor or creditor has no objection to the claims recorded in the credit statement, the people's court shall determine and confirm them." The person submitted the credit statement to the people's court for ruling and confirmation.

2. The creditor's statement submitted to the people's court for confirmation by the administrator shall be checked and approved by the first creditors' meeting. At the same time, the original legal representative or other senior management personnel of the debtor shall be sent to the debtor for verification and the opinions of the debtor shall be heard.

3. If neither the creditor nor the debtor has any objection to the claims recorded in the credit statement, the administrator shall request the people's court to confirm the non-objection claims.

Understanding and Application of Bankruptcy Claim Confirmation in China

Bankruptcy claims confirmation concept

Bankruptcy legislation of various countries usually stipulates which claims can be regarded as bankruptcy claims, but also which claims are not bankruptcy claims, and cannot be paid in bankruptcy proceedings, or in the order of final settlement. Such claims are theoretically called exclusionary claims or inferior claims. Except for the right of reprimand, which refers to the creditor's right which cannot be paid out of the bankruptcy property except for bankruptcy procedures that are excluded for specific reasons according to the provisions of the bankruptcy law, the German bankruptcy law adopts the former legislative model. Subsequent claims refer to claims that are ranked after ordinary bankruptcy claims in the order of bankruptcy settlement. Japanese bankruptcy law adopts the latter legislative model.

Bankruptcy claims confirmed by foreign legislation

Judging from the actual settlement results of general bankruptcy cases, due to the limited number of bankruptcy assets, there is no difference in the exclusion of claims or inferior claims. But in the setting of rights, the two are different. Subsequent claims are still bankruptcy claims, although they may only be paid if ordinary bankruptcy claims remain fully insolvent, but their right to be repaid in the course of bankruptcy is not deprived. Some countries have also stipulated that creditors with inferior creditor rights can participate in creditor meetings but have no voting rights. The exclusionary claim is not a bankruptcy claim, and there is no right to compensation at all in the bankruptcy proceedings. If the debtor still has residual property after the settlement of all bankruptcy claims, the exclusionary creditor can exercise the right against the debtor after the end of the bankruptcy proceedings. Judging from the legislative provisions of various countries, the scope of the exclusive or inferior claims is basically the same, and usually includes: interest on the debt after the bankruptcy declaration, compensation and liquidated damages due to failure to perform after the bankruptcy declaration; creditors participate for personal benefit Expenses for bankruptcy proceedings; administrative fines, criminal fines, recovery payments, levies, etc. on bankrupts. As stipulated in Article 46 of the Japanese Bankruptcy Law, the following claims are followed by other bankruptcy claims: interest after bankruptcy declaration; damages and liquidated damages due to non-performance after bankruptcy declaration; costs of participation in bankruptcy proceedings; Fines, fines, criminal litigation fees, and levies; Creditor's rights are non-interest-bearing and their term expires after the bankruptcy declaration is made. This calculates a considerable portion of interest; When the creditor's right is non-interesting and its term is uncertain, the difference between its creditor's value and the value estimated at the time of bankruptcy declaration; A substantial portion of the total amount of interest calculated on the regular basis in accordance with item 5 and the total amount of the original amount calculated on the basis of each period in accordance with item 5 exceeds the original amount equivalent to the interest on the periodic deposit in accordance with the statutory interest rate Is equivalent to the excess.

Bankruptcy claims confirmation domestic regulations

Article 61 of China's Supreme People's Court Provisions on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases provides for the scope of the exclusion of claims, that is, those that do not belong to bankruptcy claims: The following claims are not bankruptcy claims:

(1) Fines, penalties and other related expenses imposed by administrative and judicial organs on bankrupt enterprises;

(2) The late payment of the debtor's failure to pay the payables after the people's court has accepted the bankruptcy case, including the late payment of the delayed interest and the labor insurance payment that the debtor should double for failing to implement the effective legal documents;

(3) interest on debts after bankruptcy declaration;

(4) expenses paid by creditors to participate in bankruptcy proceedings;

(5) the stock rights of the bankrupt enterprise, and the rights of the holders of the stock in the stock rights and stocks;

(6) Creditor's rights declared to the liquidation group after the start of the distribution of bankruptcy property;

(7) Creditor's rights exceeding the statute of limitations;

(8) Management fees and contracting fees not collected by the debtor's establishment against the debtor.

The aforementioned rights that do not belong to bankruptcy claims should also be registered by the people's court or the liquidation team.

First, regarding the fines, penalties and other related expenses imposed by administrative and judicial organs on bankrupt enterprises. Penalties, fines, confiscation of property, and recovery of penalties, such as penalties, administrative penalties and other related expenses before the commencement of the bankruptcy proceedings shall not be regarded as bankruptcy claims after the commencement of the bankruptcy proceedings. Because fines, fines, etc. are criminal or administrative punishment measures taken by the relevant state organs for debtors' illegal acts, they have specific implementation targets and are personally irreplaceable punishments. After the debtor is declared bankrupt, its assets are no longer sufficient to repay all of its debts. At this time, if penalties, fines, etc. are recovered as bankruptcy claims, only the property that all bankrupt creditors should be entitled to is reduced, and the actual punishment is not bankrupt The debtor, but all bankruptcy creditors. Therefore, in order to make the implementation of administrative and criminal punishment in line with its established purpose and avoid the actual transfer of punishment objects, after the initiation of bankruptcy proceedings, criminal or administrative punishment measures such as fines and fines should no longer be used as bankruptcy claims. This is a universal principle of bankruptcy legislation in various countries.

Second, the cost of creditors participating in bankruptcy proceedings for personal benefit. It is said that this article should be understood as the expenses incurred by creditors to participate in bankruptcy proceedings for personal benefit, such as the travel expenses of various creditors to participate in creditor meetings, the communication costs incurred during the bankruptcy proceedings, and the costs of document duplication, etc., shall not be regarded as bankruptcy claims. However, the expenses incurred for the common interests of creditors, such as the case acceptance fee payable for filing an application for bankruptcy, cannot be paid as bankruptcy claims, but they can be paid preferentially from bankruptcy property as bankruptcy costs. The new bankruptcy law does not explicitly stipulate this, but it can be solved from the jurisprudence of bankruptcy law.

Third, the rights of shareholders and stock holders of bankrupt enterprises in equity and stocks. After an enterprise goes bankrupt, shareholders may no longer exercise property rights against the enterprise based on their equity. However, before the bankruptcy of the enterprise, the corporate authority has legally made a decision to distribute dividends to shareholders, but did not actually pay them. At this time, the shareholder's right to claim this part of the dividend belongs to the right of exclusion. However, some scholars believe that such claims should belong to bankruptcy claims. In addition, the insolvency laws of some countries stipulate that when the parent company has unfair control over its subsidiaries, the principle of subordinate claims in the bankruptcy proceedings against the claims of the parent company (including secured claims) on the subsidiaries, i.e. its The creditor's rights are inferior to other ordinary creditors of the bankrupt enterprise. This involves the denial of corporate personality. If the parent company's excessive interference in the operating decisions of its subsidiaries, unfair connected transactions, abuse of the corporate personality of the company and other illegal behaviors lead to the confusion of the corporate personality of the two companies, the independent corporate personality of the company should be denied according to law. At this time, the claims of the parent company on the subsidiaries must be exercised as inferior rights after the general bankruptcy claims and ordinary shareholder claims, and may not even be regarded as bankruptcy claims. For example, in U.S. bankruptcy law, the court may limit claims of insiders who have a special close relationship with the bankrupt as a result of providing services to the bankrupt, within reasonable limits to avoid the provision of false or excessive services, Fraudulent reporting of claims.

Fourth, the problem of late payment due to arrears of taxes after the acceptance of a bankruptcy case. According to the Supreme People's Court's Reply on the Acceptance of Claims on the Confirmation of Claims Arising from Late Payment of Taxes Due to Bankrupt Enterprises by Tax Authorities, the Higher People's Court of Qinghai Province: Your Court The Request for Confirmation of the Acceptance of the Appeal "(Qing Min Ta Zi [2011] No. 1) was received. After research, the answer is as follows: The people's court shall accept the claim for confirmation of the creditor's rights filed by the taxation authority for the late payment due to the tax owed by the bankrupt enterprise. In accordance with the relevant provisions of the Enterprise Bankruptcy Law and the Tax Collection and Management Law, before the bankruptcy case is accepted, the overdue metal generated by the tax arrears in the bankruptcy case is in the ordinary bankruptcy claims. For late payment fees due to tax arrears after the acceptance of a bankruptcy case, the people's court shall handle the matter in accordance with Article 61 of the Supreme People's Court's "Regulations on Several Issues in the Trial of Bankruptcy Cases of Enterprises".

References for confirmation of bankruptcy claims

1. "Bankruptcy Law" Li Yongjun, Wang Xinxin, Zou Hailin, China University of Political Science and Law Press, 2009 edition.

2. [Japan] Akira Ishikawa: Japanese Bankruptcy Law, translated by He Qinhua and Zhou Guiqiu, China Legal Press, 2000 edition.

3. Pan Qi: "United States Bankruptcy Law", Law Press, 1999 edition.

4. Xinxin Wang: Principles and Cases of Bankruptcy Law, Renmin University of China Press, 2015.

5. Zhang Shanbin: "Review of Bankruptcy Law Research", Wuhan University Press, 2018 Edition.