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On the Cram-Down of the Reorganization Plan

Author: ChenLiLi
Tutor: WangShiHu
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Mandatory approval The limits of judicial power The principle of minimum accepted The principle of fair treatment The creditor interests largest principle The principle of absolute priority
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 91
Quote: 1
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Abstract

The special chapter of the \Since then, China's accumulation of a corporate restructuring practice. As part of the reorganization system, the mandatory approval of the reorganization plan effectively enhance the effectiveness of the restructuring. The mandatory approval of the reorganization plan is in related meetings not unanimously adopted a restructuring plan, as long as the projects are in line with the provisions of the law, the court may be forced to approve the restructuring plan, the plan is effective all related. Not established on the basis of completely desirable, the mandatory approval of the reorganization plan must be in strict compliance with the statutory conditions otherwise the mandatory approval abuse will destroy the entire reorganization system. Learn from other countries on the basis of the restructuring plan to force approval of the rule of law, follow the basic spirit of the Bankruptcy Act, and comparative analysis, interpretation summarized research methods, the system of mandatory approval of the restructuring plan to do a comprehensive exposition . Around the mandatory approval of the reorganization plan, elaborated its closely related to the benefit of good for our country to apply the mandatory approval of the reorganization plan. This article is divided into a preface, text, the text is divided into four parts, total about 31,000 words. The first section provides an overview of the basic problems of the mandatory approval of the reorganization plan. First, through a comparative analysis, the author defines the three elements of the restructuring plan included. Secondly, discusses the approval of the restructuring plan, including the normal approval and mandatory approval. Finally, it discusses the attitude of the four countries of the United States, Britain, France and Germany for the mandatory approval of the restructuring plan. We thus come to the mandatory approval of the reorganization plan does not exist, in theory, the logical inevitability of some kind of Feicibuke whether provisions, as well as how the provisions are just as each country's policy options, a path only. The second part of the mandatory approval of the restructuring plan reasonable argument. Give a fair answer to the problem concerned in restructuring national practice walking in front of you, but there is still a need for the restructuring plan to force approval rational connotation behind this system analysis explain. First, public interest perspective, in the face of today's economic realities, the country and its laws as will need more dynamic, to safeguard the overall interests. Secondly, for the benefit of creditors perspective, the clarity of the protection provided by the system for the benefit of creditors in a risk analysis of the creditors. Finally, the perspective of economic efficiency on the mandatory approval system how to effectively solve the \The third part around the mandatory approval of the reorganization plan of the jurisdiction of the court and its boundary. First on court in the reorganization of the functions and relationships with other agencies, and then raised the problem of how to deal with the mandatory approval of the reorganization plan involving legal affairs and economic affairs, only a working knowledge of the law judge. This section is based on comparative analysis of three Solutions and Solutions suited to China's national conditions. On this basis, define the boundary jurisdiction reorganization. The fourth part of efforts to explain the restructuring plan should follow the principle of mandatory approval. First, draw a theoretical analysis of the legislation in the United States, and Japan, re-engineering program mandatory approval of four principles. Second, analysis of each of the four principles. The rights of people, to prevent the acceptance of principles to ensure minimum mandatory approval of the restructuring plan to establish the least consensual basis, prevent the despotism of the powers of the court; fair to the principle of equal treatment of the same legal status through the implementation of strategic grouping distinction; interests of creditors principle of safeguarding the rights of people with vested interests, to lay at least the basis of justice for the mandatory approval of a reorganization plan; absolute priority to the principle of making the the rigid legal provisions liquidation order is adhered to the same reorganization. Mandatory approval of the reorganization plan, strict protection system consisting of a good way to protect the interests of the opposition groups.

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