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The Study of Issues Related to Debtor’s Investor in Reconstruction Proceedings

Author: ZhengXu
Tutor: LuDaiFu
School: Southwest University of Political Science
Course: Legal
Keywords: Grain temple Bankruptcy reorganization Debtor Investor interest
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 158
Quote: 0
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Abstract

Grain temple the Food Development Technology Co., Ltd. (hereinafter referred to as 'grain temple' \business philosophy known throughout the country, and soon after the establishment quickly became \However, did not last long, because the instant noodles raw materials a sharp rise in the industry as a whole falling profits, the company's various cost too much and negative media coverage, so that funding strand breaks, October 16, 2008, the beleaguered \Dojo \February 12, 2009, the court ultimately ruled: approval of the grain temple bankruptcy reorganization program, grain temple \The outcome appears to be perfect, but in this case there are some legal issues need to carefully analyze. Address and resolve these issues, perhaps little significance for the processing of the grain temple bankruptcy reorganization case is now history, but the future of Bankruptcy and Reorganization operation and legislation to improve in terms of, can be described as of great benefit. In this paper, the grain temple insolvency cases as a clue to explore some of the problems associated with the debtor investor and this reveals the Bankruptcy Reorganization in China shortcomings in this regard, and then put forward a sound debtor investor requirements some of the recommendations. Part I: grain temple's insolvency cases. This section details the grain temple filed for bankruptcy reorganization, the voting process of the draft reorganization plan and the final ruling of the court. Come out of the main issues to be analyzed on the basis of detailed description of the case. Part II: grain temple hidden in the bankruptcy reorganization case the major problems associated with the debtor investor response. Combined with case, first of all voting rights of the debtor's bankruptcy and reorganization investor related issues were analyzed, including the following specific elements: the debtor's bankruptcy and reorganization investor voting options are frozen debtor investor is entitled to participate in investor group and to exercise the right to vote, how to determine the the voting standard rules of the investor group, how to ensure that the debtor's contribution to fully exercise the right to vote; followed by analysis of the conflict between how to deal with the restructuring plan and freeze the debtor's equity of the investor, namely reforming the range of validity of the plan; whether to lift the freeze on equity, according to the reorganization plan reorganization plan is of course a mandatory effect. Part III: improve investor with the debtor in bankruptcy and reorganization related legislative proposals. Based on the above analysis, the author's suggestion: First, the effective protection of investor interests of the debtor; Second, improve the provisions of the Enterprise Bankruptcy Law on the effectiveness of the reorganization plan; Finally, given the court has decided to approve the restructuring plan enforceable.

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