How to deal with the debtor's disagreement with bankruptcy

Creditor's right is the right in civil law to request others to do certain acts. Based on the relative principle of rights and obligations, it is a debt relative to the creditor, that is, a civil law obligation that must be a certain act. Therefore, the relationship of debt is essentially a judicial relationship of creditor's rights and debt. Neither creditor's rights nor debt can exist alone, otherwise it will lose its meaning. Creditor's rights and debts can be transferred or disappear due to the debtor's repayment. However, whether the transfer of creditor's rights and debts or the disappearance of creditor's rights and debts must comply with the corresponding legal provisions.

2024-06-28 10:25:16 Helped 2408 people

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How to deal with the debtor's disagreement with bankruptcy

stay Individual application for bankruptcy After that, we think that he/she may no longer have the ability to repay the debt.
At this time, for the debt The problem requires in-depth analysis from the perspective of insolvency.
If the debtor is unable to repay due to temporary financial difficulties, the debtor may contact creditor Negotiate and sign an agreement to repay all debts in batches.
However, if the person concerned has the financial strength to pay off the debt but refuses to perform the obligation, it needs to be resolved through judicial procedures, and the people's court will rule to compel the repayment of the debt.
Undoubtedly, taking the law as the criterion, the person responsible for the debt must bear the corresponding obligations.
If the relevant personnel really fall into the dilemma of permanent inability to repay their debts, they can only rely on their current personal property to pay off the debts. In this process, the court needs to conduct investigation and trial, make the final trial result according to law, and impose comprehensive enforcement measures.
In other words, if the parties in this case have enough personal property to repay their debts, the creditors can only get compensation equivalent to this. 《 Civil Code 》Article 560
obligor If several debts borne by the same creditor are of the same type, and the debtor's payment is not sufficient to pay off all the debts, unless otherwise agreed by the parties, the debtor shall designate the debts to be performed at the time of payment.
If the debtor has not made a designation, it shall give priority to the performance of debts that have become due;
If several debts are due, priority shall be given to the debts that are lack of guarantee for creditors or have the least guarantee;
If there is no guarantee or the guarantees are equal, priority shall be given to the debtor's heavier debts;
If the liabilities are the same, they shall be fulfilled in the order of maturity;
If the maturity is the same, it shall be performed according to the debt ratio.

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