What are the special provisions for the declaration of creditor s rights and the method of declarati

1.If the debtor's guarantor or other joint debtor has already paid off the debt on behalf of the debtor, it shall declare the creditor's right with its claim against the debtor. If the debtor has not yet paid off the debt, it shall declare the creditor's right with its future claim against the debtor.

2.If the number of joint debtors is ruled to apply the procedures stipulated in the Enterprise Bankruptcy Law, its creditors have the right to declare their claims separately in each bankruptcy case for all their claims.

3.After the people's court accepts the bankruptcy case, the creditor has the right to directly demand the repayment of the guarantee debt from the guarantor who is jointly and severally liable, and may also recover from the debtor who has entered the bankruptcy procedure first, and then recover from the guarantor with the balance that has not been liquidated.

4.Where a people's court accepts a guarantor's bankruptcy case, the guarantor's guarantee liability shall not be exempted on this basis. If the guarantee debt has matured, the creditor may declare to the guarantor for the recovery of the creditor's rights in accordance with the provisions of the guarantee contract.

If the guarantee debt has not yet matured, the unexpired guarantee liability shall be deemed to have matured and shall be repaid in advance after deducting the unexpired interest.

5.If the administrator or the debtor dissolves the contract in accordance with the provisions of the Enterprise Bankruptcy Law, the other party shall declare the creditor's right to claim damages arising from the termination of the contract.

6.If the debtor is the principal of the entrustment contract and is ruled to apply the procedures stipulated in the Enterprise Bankruptcy Law, and the trustee continues to handle the entrusted affairs without knowing the facts, the trustee shall declare the creditor's rights with the resulting claim.

7.If the debtor is the drawer of the negotiable instrument and is ruled to apply the procedures stipulated in the Enterprise Bankruptcy Law, and the payer of the negotiable instrument continues to pay or accept, the payer shall declare the creditor's right with the resulting claim.

The methods of declaration of creditor's rights include self-declaration or entrusting others to declare on their behalf. If there are two or more creditors, the claim is joint and several, and one of the joint creditors may file the declaration on behalf of all the joint creditors, or may make a joint declaration.

1. What should I do after the bankruptcy claim declaration period?

Creditor's right declaration means that when the people's court hears a bankruptcy case, when the bankruptcy application is accepted, the creditor must declare the creditor's right. There is a time limit for the declaration of claims. The creditor shall declare the creditor's rights to the administrator within the time limit for filing the creditor's rights determined by the people's court.

After accepting the bankruptcy application, the people's court shall determine the time limit for the creditor to declare the creditor's rights. The time limit for filing claims shall be calculated from the date on which the people's court issues an announcement on the acceptance of the bankruptcy application, and shall not be less than 30 days and no more than 3 months. After the bankruptcy claim declaration period, it can also be declared.

However, if the creditor fails to declare the creditor's rights within the time limit determined by the people's court, it may make a supplementary declaration before the final distribution of the bankruptcy estate.

2. What are the consequences of failing to declare the creditor's rights on time for bankruptcy reorganization.

The consequences of failure to declare the creditor's rights on time for bankruptcy reorganization are: the creditor will lose all procedural rights to participate in the bankruptcy proceedings, and if the creditor fails to declare the creditor's rights within the time limit determined by the people's court, the creditor may make a supplementary declaration before the final distribution of the bankruptcy estate; However, the allocations that have already been made will not be supplemented by them.

3. What should I do if there is a problem with the product after the company has cancelled it?

The company has cancelled the product, and the problem cannot be pursued. Generally speaking, after the deregistration of an enterprise, the legal personality is terminated. The enterprise cannot be sued as a defendant.

When an enterprise is deregistered, if the liquidation entity or a third party undertakes in the department for industry and commerce that it will be responsible for the creditor's rights and debts left over after the enterprise is deregistered, the creditor may take the liquidation entity or the third party who made the undertaking as the defendant and require it to bear the responsibility for repayment. The company is unable to liquidate the company without liquidation, and the shareholders of the limited liability company, the directors and controlling shareholders of the shares are the defendants, and they are jointly and severally liable for the debts of the company or the sales ruler.

The procedure for deregistration of an enterprise is:

1. Establish a liquidation group;

2. Composition of the liquidation group: The liquidation group of a limited liability company is composed of shareholders. If a liquidation team is not established for liquidation within the time limit, the creditor may apply to the people's court to appoint relevant personnel to form a liquidation team for liquidation;

3. Filing of the liquidation group: if the company is dissolved and shall be liquidated in accordance with the law, the liquidation group shall file the list of members of the liquidation group and the person in charge of the liquidation group with the company registration authority within 10 days from the date of establishment;

4. Notify and announce creditors;

5. Declaration and registration of creditor's rights;

6. Clean up the company's assets and dispose of creditor's rights and debts and distribute property.

Article 45 of the Enterprise Bankruptcy Law provides that after the people's court accepts the bankruptcy application, it shall determine the time limit for the creditor to declare the creditor's rights. The time limit for declaration of creditor's rights shall be calculated from the date on which the people's court issues the announcement of acceptance of the bankruptcy application, and shall not be less than 30 days and shall not exceed 3 months at the longest.