When the debtor's enterprise is insolvent and unable to pay off the debts due, the creditor's enterprise should apply for bankruptcy of the debtor's enterprise in time according to law to ensure that its creditor's rights are met to the maximum extent.
Second, the parties negotiate to pay off their debts.
China's Civil Code and Civil Code have established the principle of autonomy of will, and the parties have the right to establish, change and terminate civil legal relations independently without violating the prohibition provisions of the law. The settlement of debts between the parties should also belong to the scope of party autonomy. Therefore, the parties' negotiation to pay off debts should be recognized by law. Negotiating debt repayment has the advantages of simplicity, low cost and time limit, but there are also some shortcomings. If the debtor fails to keep his word and refuses to perform the debt repayment agreement, it can only be solved through other legal channels.
Third, litigation to pay debts.
Negotiating debt repayment is a means of private relief, and the court's compulsory debt repayment is a public relief. When the two parties cannot negotiate to repay the debts, the creditor enterprise may bring a lawsuit to the people's court to ensure the realization of its creditor's rights through the judgment of the court. Of course, consultation is not a necessary procedure, and the parties can bring a lawsuit directly to the court without consultation.
Four. Merger and debt settlement
Liquidation of merger debt refers to the way in which an enterprise absorbs and merges other enterprises by buying in cash or exchanging shares for assets or shares of other enterprises, so that they lose their legal personality or form a holding company to change the legal entity, and the surviving enterprise or holding company pays off the debts of the absorbed enterprise or the controlled enterprise. Enterprise merger can give full play to the combination efficiency of enterprises, optimize the economic structure, and properly handle the problems left over by debtor enterprises. After the merger of enterprises, the debts of the merged enterprise will be borne by the merged enterprise, and the employees of the merged enterprise will be resettled by the merged enterprise, which is not only conducive to the repayment of corporate debts, but also conducive to maintaining social stability.
Verb (abbreviation of verb) debt-to-equity swap
Debt-to-equity swap refers to the method of debt repayment in which creditor enterprises and debtor enterprises convert creditor's rights into shares according to their value through consultation, so that creditor's rights can be converted into equity, thus eliminating corporate debts. At present, as an important measure of enterprise transformation, debt-to-equity swap has made some achievements, but there are still many problems that need to be explored in practice.
Application for creditor's rights preservation by intransitive verbs
The preservation of creditor's rights refers to the way that the creditor applies to the competent authority to take corresponding measures according to law to ensure the realization of his creditor's rights with all the debtor's property when the debtor fails to exercise his creditor's rights against a third party or disposes of his property without authorization. Including the creditor's subrogation right and cancellation right. If the legal basis for creditors to exercise subrogation and cancellation right is not sufficient, then the establishment of creditor's rights preservation system in the new civil code provides the basis and guarantee for creditors to apply for debt preservation.
Seven. Exercise security interest
In order to ensure the realization of creditor's rights, China's civil code stipulates that security interests can be set above creditor's rights, including mortgage, lien and pledge. According to the principle that real right is superior to creditor's right, when the debtor fails to perform the due debt, the creditor can sell or auction the collateral according to law, and the price will give priority to compensation. However, in practice, many creditors do not attach importance to the role of security interests, and do not make debtors provide the security interests they deserve, or even if debtors provide security interests, they cannot actively exercise security interests when debtors fail to perform their debts, and their creditor's rights cannot be realized.