The Category Definition and System Construction of the Subordinated Claims in Bankruptcy
In modern bankruptcy laws,subordinated claims are removed from the shackles of scheduled claims and have become an important type of bankruptcy creditor's rights.To construct the system of subordinated claims in bankruptcy in our country's bankruptcy legislation not only reflects the requirement of protecting the legal rights and interests of bankruptcy creditors,but also is an effective response to commercial practice and financial innovation.According to the different causes of creditor's rights,the subordinated claims in bankruptcy can be divided into legal subordinated claims,judicial subordinated claims and agreed subordinated claims.The content of the three rights must be set differently.The scope of legal subordinated claims in bankruptcy includes:civil punitive creditor's rights;punitive claims in public law;interest after the bankruptcy proceedings is started,necessary expenses for creditors to participate in the bankruptcy proceedings,and overdue tax fees that continue to occur in the bankruptcy proceedings;related creditor's rights like creditor's rights owned by shareholders.Creditors who have the subordinated claims in bankruptcy shall declare their bankruptcy claims,and creditors who have the independent subordinated claims in bankruptcy shall have the opportunity to exercise their voting rights according to the situation of the bankruptcy property.The subordinated claims cannot be offset in bankruptcy,but they can be conditionally set up security.