作为解决破产方式的企业重组

Isidora Milošević
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引用次数: 0

摘要

长期的资不抵债期通常在破产程序开始之前,到那时债务人已经用尽了大部分资产。这样的公司已经失去了在市场上的地位,被公司最优秀的工人抛弃,并且没有维护或更新设备。这些都是公司需要新资本进行有效重组的指标。重组为债务人提供了一个“复苏”的机会,前提是重组必须对债权人具有成本效益,债权人将决定破产或破产的行动方向。破产程序应以尽可能低的成本、尽可能快的速度和尽可能有效的结果完成,以确保正常的经济进程。法律制度可以产生破产的根本风险因素,这不仅涉及法规,而且涉及法律的执行。破产程序的持续时间和成本,以及有时不称职的破产管理人和其他参与程序的人,可能会增加债务人的不利地位,并进一步加深所涉及的商业实体的破产。破产重组也影响债务人和债权人之间的现有协议,但也可能适用影响债务人所有资产所有者权利的措施,这些资产基本上包括其私有财产。其目的是维持商业实体作为一个整体的运作,包括其所有的业务关系和雇员,因为这可以赋予商业实体高于单个债务人资产销售价值的价值。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Business reorganization as a way of resolving insolvency
A long-term insolvency period usually precedes commencement of bankruptcy proceeding, by which time a debtor has already used up most of their assets. Such company has already lost its place on the market, been abandoned by the company's best workers, and has not maintained or renewed the equipment. These are all indicators of the company's need of fresh capital required for effective reorganization. Reorganization provides the debtor with an opportunity to ''revive'', provided that reorganization has to be cost-efficient for the creditors, who will make decision on the course of action, toward insolvency or bankruptcy. Bankruptcy proceeding should be completed with as low costs as possible, as soon as possible and as effective outcomes as possible in order to ensure a regular economic course. The legal system can generate fundamental risk factors for bankruptcy, whereby not only regulations but rather implementation of the law are involved. Duration and costs of a bankruptcy proceeding, and sometimes incompetent bankruptcy administrators and other people involved in the proceeding can add to the debtor's bad position and further deepen insolvency of the business entities involved. Bankruptcy reorganization also affects existing agreements between the debtor and creditors but measures affecting rights of the owner of all the debtor's assets may also apply, which essentially includes their private property. The aim is to sustain functioning of the business entity as a unit including all its business relationships and employees because this can assign the business entity the value higher than the value of individual sales of the debtor's assets.
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