Research on the Determination of the Calculation Date of Bankruptcy Debt Interests with Real Right Guarantee

Abstract

The interest-bearing claims to stop interest-bearing at the time of acceptance of bankruptcy application is one of the basic criteria for the determination of the amount of creditor's rights as stipulated in China's Enterprise Bankruptcy Law. However, whether the creditor's rights in the rule include claims with real right guarantees, the theoretical and practical departments have both positive and negative views. Under the entire legal system and socio-economic background, the interest on bankruptcy claims with real right guarantees should be calculated to the date of debt settlement, which is required by the legislative purpose of the security interest, Enterprise Bankruptcy Law and Property Law there is no conflict in the scope of priority compensation for property security; this is determined by the legislative purpose of the bankruptcy proceedings. The interest rights of the secured creditor are calculated to the date of liquidation, which is not only fair to the secured creditor, but also does not harm the interests of ordinary creditors.