It may not be enforced, but there are usually the following situations:
(1) With the consent of the creditors or the ruling of the people's court, the debts can be paid off by installments.
The debt should be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. Thus, it is certain that the debtor must repay the debt, but at present there are two situations in society where the debt cannot be repaid, one is unable to repay and the other is unable to repay. If it is unable to repay, it can be repaid in installments with the consent of the creditors or the ruling of the people's court.
(2) Creditors have the right to apply for enforcement.
Article 236 of the Civil Procedure Law: The parties must perform legally effective civil judgments and orders. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. In other words, if the debtor fails to perform the judgment and repay the loan, then the creditor can apply for enforcement. Within the scope of the debt, the creditor may obtain the debtor's executable property.
(three) for the enterprise, apply for bankruptcy, bankruptcy liquidation.
Bankruptcy means that when all the debtor's assets are not used to pay off the debts due, the creditors compensate all the debtor's assets equally through certain procedures, so that the debtor can be exempted from other debts that cannot be paid off, and the court declares bankruptcy and dissolution.
What are the consequences of creditors' debt forgiveness?
First, partially eliminate debts, forgive people's debts, partially eliminate debts, and forgive all debts, and forgive creditors part of debts. For example, debtor B owes creditor A a loan of 6,543,800 yuan, and Party A notifies Party B to repay 800,000 yuan, exempting 200,000 yuan. If the creditor forgives part of the debt, the exempted part does not need to be performed, and the excluded part still needs to be performed. Creditors are discharged from all debts. If the garment processing department tells the garment ordering party that it will not charge the garment processing fee and exempt all debts, all debts need not be fulfilled and the contractual rights and obligations will be terminated. In the case that the debt is completely exempted, the debtor may request the return of the debt certificate.
Second, exempting the creditor's rights and the subordinate rights of the creditor's rights and exempting the other party's debts is equivalent to giving up one's own creditor's rights. When the creditor's rights are extinguished, the rights subordinate to the creditor's rights, interest rights and liquidated damages are also extinguished. For example, if A forgives B's debt, C's responsibility to provide performance guarantee for B will have no basis for existence and will inevitably be eliminated together. However, if the secured debt is exempted, the existence of the secured debt will not be affected. For example, just because Party A exempts Party C from the guarantee obligation does not mean that Party B is exempted from the debt, and Party B still has to perform the debt.
Exemption from debt shall not harm the interests of a third party. For example, creditor A gave its creditor's right to debtor B to C. If A exempted B's debt, C's pledge right to A would no longer exist, which would be detrimental to C's interests. Therefore, the creditor who has set a security interest on the creditor's rights shall not exempt the debtor's debt to counter the secured party.
The above is the relevant information compiled by everyone. Civil litigation is a civil litigation, which means that the parties bring a lawsuit to the people's court because of the conflict of civil rights or economic interests, and the people's court files a case for acceptance, and the people's court tries to solve it with the participation of both parties and other litigation participants. If you have any other questions, please consult online.