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| SECTION L - CLAIMS OF CREDITORS |
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| L1. Claims admissible for payment: |
(a) In relation to each type of insolvency procedure available
in the legal system of this economy, what types of claims of creditors
are properly admissible for payment in the context of that procedure?
(for example liquidated debts, future debts, contingent claims,
secured claims, unliquidated claims for damages, interest claims,
costs of administration or of legal proceedings, periodical payments,
debts owed by guarantors of the business organization.)
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All claims which has arisen from a cause before the bankruptcy
declaration will be valued as of the date of bankruptcy declaration.
(Article 15) Secured claims are excluded to the extent that such
claims can be satisfied by the security.
Under the corporate reorganisation procedure, secured creditors
are also bound by the reorganisation plan. The administrator appraises
the going concern value of the security and offers the payment
schedule of the secured rights to secured creditors in the reorganisation
plan.
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(b) At what date are the amounts of admissible debts computed?
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For general creditors, the date of bankruptcy or the reorganisation
commencement decision by the court.
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(c) By what method are claims of creditors proven by those
creditors in the context of each type of insolvency procedure?
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Creditors submit documentary evidences such as order sheets
and invoices and agreements. If such claims are properly booked
in the debtor company's records, the administrator usually accepts
such claims.
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(d) How are disputed claims made by creditors adjudicated
upon? (for example by the administrator, or by a Court.)
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The disputed claims are adjudicated upon under litigations
outside of the insolvency proceedings. The party whose claims are
opposed by the administrator has a burden to initiate the proceeding
to confirm the disputed claims.
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| L2. Priority and payment of creditors' claims: |
(a) In relation to each type of insolvency procedure available
in the legal system of this economy, what principles apply to
the division of available assets of the corporate debtor among
those of its creditors entitled to payment? Is there a basic principle
of equality of payment, or are rights of priority of payment enjoyed
by secured creditors, or by certain classes of creditors over
others? (for example costs of the administration, claims for taxes
owed by the debtor, amounts owed to employees of the organization.)
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Bankruptcy:
General creditors; a basic principle of equality of payment
(Article 40)
Certain superior creditors such as 1, 2, 3 and 4 below (Articles
39 and 47)
Secured creditors are exclusively satisfied by their security
and unsatisfied portion can be treated as general creditors.
Corporte Reorganisation.
Almost same as above. The security of the secured creditor is
valued and such valuation is reflected in the payment schedule
of such secured creditor in the reorganisation plan. Superior
creditors are similar (Article 208). But only tax claims which
arise after the commencement order of the procedure are treated
as superior claims.
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(b) Give a brief account of the order of priorities, if any,
of payment of creditors prescribed by the legal system of this
economy.
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In bankruptcy the order of priorities is as follows:
1 costs of the administration
2 tax obligations
3 claims incurred by actions of the administrator
4 amounts owed to employees
5 general claims
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