Case playback:

　　In March 28, 1997, A plant with its buildings, machinery and equipment as collateral to B 25000000 yuan of bank loans, and for the enterprise property mortgage registration certificate. In May 23, 2000, B banks will be under the loan contract has not been affected by the creditor's rights transfer to the C Asset Management Co. Creditor's rights transfer agreement, A factory, B banks to write off business property mortgage registration certificate, and the A factory, C Asset Management Co has not completed the formalities of change in registration of mortgage guarantee. In March 13, 2003, C Asset Management Co will more than borrowing under the contract of assignment of creditor's right to D company. In June 19, 2006, A factory went bankrupt, D company claims for exemption of collateral A factory records in enterprise property mortgage registration certificate. In March 28, 2008, A factory bankruptcy liquidation group resolution of the creditors' meeting to confirm the priority to enjoy D machine of collateral equipment, housing and land within the scope of property price. The E believes that the registration of mortgage has been registered organ for cancellation, D company should not be on the part of the property has the right of first refusal rights, the creditors' meeting to confirm the mortgage company D resolution invalid.

　　Intensive analysis:

　　The bankruptcy distribution, means that management will change after the bankruptcy property, according to legal order and procedure, distribution of the bankruptcy creditor. The bankruptcy property by the trustee in bankruptcy after the takeover, management, processing, check clearing liquidation of bankruptcy property, then to the limited distribution of property to a creditor. Due to the bankruptcy property limited can not pay off all the debt, how to maintain the relative balance between the various stakeholders is a very sharp contradiction problem. In order to reflect the maintenance of public, the fairness and efficiency of bankruptcy distribution principle, the stakeholders need to pay attention to risk prevention, property declaration of bankruptcy liquidation, the distribution of the property and the conclusion of the procedure etc..

　　In this case, A factory, B banks to write off business property mortgage registration certificate to show that the creditor bank B give up real right for security, then not complete other collateral registration procedures. Not yet registered mortgage from others, cannot produce antagonism and exclusive of other property, D company to the houses and relates to A factory bankruptcy attached within the scope of the land use rights does not enjoy the priority right to be repaid. General creditors in bankruptcy liquidation company E A plant of D company creditor has the objection, may bring a lawsuit to the people's court that accepts the application for bankruptcy.

　　The above software automatic translation content does not meet your needs?

　　Give me a message or call: +86 10 62530048