重组濒临破产的债务人公司

Asril
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引用次数: 0

摘要

2004年第37号关于破产和延期偿债义务的法律第2条第(1)款规定,有两个或两个以上债权人的债务人,如果不足额支付至少一项到期的可收债务,则应一个或多个债权人的请求,由判决法院宣布破产。根据这一规定,可以理解为破产是一种合理的选择。然而,一些破产法的意见并没有为善意的债务人提供足够的保护。本文旨在进一步了解对债务人公司实施重整是否可以作为一种替代,从而使债务人公司免于破产。使用的方法是规范法律研究。数据来源包括一级法律资料、二级法律资料和三级法律资料。根据研究结果可知,2004年第37号《破产及暂缓偿债法》中对公司重组的规定并没有明确而坚定的规定。重组是重组的一部分,可以通过合并、合并等形式的企业重组来避免破产。、企业收购和其他形式。这部破产法也没有为善意的债务人提供足够的保护,因为有一种将破产解释为清算的倾向。然而,必须明白,破产也应该是重组公司的一种手段。公司重组对解决公司债务和应收账款的法律后果是,债权人和债务人有机会解决他们的债务,而不必经过可能导致债务人被宣布破产的破产程序。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reorganisasi Perusahaan Debitor Yang Terancam Pailit Sebagai Suatu Alternatif
Law No.37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations Article 2 paragraph (1) has determined that a debtor who has two or more Creditors and does not pay in full at least one debt that has matured and is collectible, is declared bankrupt by verdict Court, either at the request of one or more creditors. With this provision, it can be understood that bankruptcy is a reasonable choice. However, several opinions of bankruptcy law have not provided sufficient protection to debtors with good intentions. This article intends to find out more about the implementation of the reorganization of debtor companies whether it can be used as an alternative so that the debtor company does not go bankrupt. The method used is normative legal research. Data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the results of the research, it is known that the regulations regarding company reorganization have not been clearly and firmly regulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, Reorganization is part of the restructuring, bankruptcy can be avoided through a business reorganization in the form of mergers, consolidations. , business acquisitions, and other forms. This bankruptcy law also does not provide sufficient protection to debtors with good intentions, because there has been a tendency to interpret bankruptcy as liquidation. However, it must be understood that bankruptcy should also be a means of reorganizing the company. The legal consequence of company reorganization on the settlement of the company's debt and accounts receivable is that there is an opportunity for creditors and debtors to settle their debts without going through a bankruptcy process which can result in the debtor being declared bankrupt.
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