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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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Under all the insolvency procedures, all types of claims
with financial value may be admissible for payment. Please note,
under composition and bankruptcy, the secured creditors maintains
its right to be paid by the enforcement of its security interest.
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(b) At what date are the amounts of admissible debts computed?
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At the date of approval for commencement of the composition
or reorganization proceedings or at the date of bankruptcy declaration,
the amounts of admissible debt shall be appraised and computed.
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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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(d) How are disputed claims made by creditors adjudicated
upon? (for example by the administrator, or by a Court.)
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In all procedures, the creditors shall report their claims in
accordance to the reporting method as provided respectively. The
reporting procedure is administrative in nature. The reported
claim is then reviewed and may be disputed or denied as follows:
Composition Procedure:
Other creditors, debtor or the administrator may give an objection
against other claims. Creditors may prove its claims by any proofs
or evidence.
Reorganization Procedure:
Administrator or creditors may give an objection against another
claims reported by other creditor, who shall bring lawsuit to
the court against the administrator or creditors in opposition.
Bankruptcy Procedure:
Creditors may give an objection against other claims reported
by another creditor, and the court shall judge the disputed claims.
The method to prove the claims may be made by any proofs or evidence.
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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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(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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Priority of payment to creditors' claims under each type
of insolvency procedure is classified in the following order: (i)
common benefit claims ("Kongick Chaekwon") - the minimum
amount of debt as recognized to maintain the debtor company; (ii)
secured claims; and (iii) unsecured claims. Creditors holding the
same class of claims shall be treated and paid equally.
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