How do the creditors of a bankrupt company claim their rights?

Legal analysis: creditors should apply to the court for creditor's rights within 1 month after receiving the notice from the court, and creditors who have not received the notice should apply to the court within 3 months from the date of the court announcement, stating the amount of creditor's rights and whether there is property guarantee, and submitting relevant certification materials. Failing to declare the creditor's rights within the time limit shall be regarded as giving up the creditor's rights. Therefore, it is very important for your company to declare its creditor's rights on time. All creditors are members of the creditors' meeting, and the members of the creditors' meeting have the right to vote, except that the creditors with property guarantee have not given up their priority of compensation. The guarantor of the debtor, after paying off the debt on behalf of the debtor, may be a creditor and enjoy the right to vote.

The first creditors' meeting shall be convened by the court within 15 days after the expiration of the creditor's rights declaration. When the court or the chairman of the meeting thinks it necessary, or at the request of the liquidation group or the creditors who account for more than 65,438+0/4 of the total unsecured debt, the subsequent creditors' meeting shall be convened.

Legal basis: Enterprise Bankruptcy Law of the People's Republic of China.

Article 56 Where a creditor fails to declare his creditor's rights within the time limit set by the people's court, he may make supplementary declaration before the final distribution of the bankruptcy property; But the distribution that has been done before will not be supplemented. The expenses for examining and confirming the declaration of supplementary creditor's rights shall be borne by the supplementary applicant.

Where a creditor fails to declare his creditor's rights in accordance with the provisions of this law, he shall not exercise his rights in accordance with the procedures stipulated in this law.

Article 61 The creditors' meeting shall exercise the following functions and powers:

(a) to verify the creditor's rights;

(two) to apply to the people's court to change the administrator, and to review the fees and remuneration of the administrator;

(3) Supervisors;

(4) Electing and replacing members of the creditors' committee;

(5) To decide whether the debtor will continue to operate or stop operating.

(6) adopting the reorganization plan.

(7) adopting a settlement agreement;

(eight) to adopt the management plan of the debtor's property;

(9) adopting the bankruptcy property price scheme;

(10) adopting the distribution plan of bankruptcy property;

(eleven) other functions and powers that the people's court thinks should be exercised by the creditors' meeting.

The creditors' meeting shall keep minutes of the resolutions on the matters discussed.