Liability of a guarantee company in bankruptcy.

1. The property distributed to creditors by the liquidation group is actually equivalent to the guarantor of the bankrupt enterprise fulfilling the guarantee responsibility. According to the regulations, the guarantor has the right to recover from the guarantor after fulfilling the guarantee responsibility. In this case, the liquidation group of the bankrupt enterprise may, according to the property distributed to the creditors, request the guarantor, that is, the principal debtor, to return the part undertaken by the guarantor.

Two, it is worth noting that the liquidation group can only claim the creditor's rights from the guarantor as a creditor after the actual bankruptcy distribution, and it is impossible to claim the rights from the guarantor only by the creditors of the bankrupt enterprise. The liquidation group can only claim rights from the guarantor according to the actual amount of guarantee responsibility, that is, the amount of bankruptcy property distributed by the bankrupt enterprise to the secured creditor.

Legal basis:

Enterprise Bankruptcy Law of the People's Republic of China

Article 45 After accepting the bankruptcy application, the people's court shall determine the time limit for creditors to declare their claims. The time limit for filing creditor's rights shall be counted from the date when the people's court announces the acceptance of the bankruptcy application, and the shortest time shall not be less than 30 days and the longest time shall not exceed three months.

Article 46 When the bankruptcy application is accepted, the unexpired creditor's rights shall be deemed to be due.

When the bankruptcy application is accepted, the interest-bearing creditor's rights shall cease to bear interest.