Case playback:

　　In July 4, 2001, A limited liability company to sign an agency agreement with B limited liability company, agreed agency B company A business, and took charge of the business section. The agency agreement was signed, the actual performance of the agency agreement for a division of A company and B company. In September 10, 2004, B company is C company merger, B company of a branch is a division of C company inherit. In May 19, 2005, a division of C company sent a letter to A company for settlement of the cash, then, did not claim any rights. In October 22, 2007, A company bankruptcy, insolvency administrator sent a letter to a division of C company that claims its declaration. In November 21, 2007, a division of C company to the trustee in bankruptcy filing claims 59502089.22 yuan, but failed to provide detailed and tax payment receipt voucher. A company "audit report" records, as of December 31, 2005 the agency business to pay the balance of 28366350 yuan. A company ledger records, as of July 20, 2006 the agency business to pay the balance of 27354659.71 yuan. In February 27, 2008, the bankruptcy trustee creditor amount confirmation of a division of C company is 28366350 yuan. In April 8, 2008, the bankruptcy administrator that a division of C company creditor, creditor's rights under the lack of qualification of unclear facts, have limitation on the grounds, to the declaration of the rights are not recognized. Bankruptcy liquidation period, no other units or individuals to the A agency business shall put forward claims payment.

　　Intensive analysis:

　　The main purpose of bankruptcy is the distribution of bankrupt property to satisfy the claim in bankruptcy, bankruptcy is how much is the focus of common attention of debtor and creditor. It decides whether to debtor bankruptcy, bankruptcy reorganization, reconciliation plan to vote on whether or not effective, change the bankruptcy liquidation of the debt quota. But the bankruptcy claims scope definition is rather complex, should according to different legal facts and legal relation analysis and confirmed.

　　In this case, B company is C company merger, a division of C company inherits the B, a branch of business, in the C authorization, a division of C company as the main creditor can bear to declare the creditor's rights. Management of people through the review, first determine the partial claims a division of C company, then denied all the claims, the declaration of the. A division of C company in order to confirm the creditor must submit to the people's court that accepts the application for bankruptcy proceedings. In the process of the proceedings, a division of C company can not provide proof of charge to an account in detail and provide tax receipts, but the premise of evidence to the contrary in A company can not, the court may according to A company "audit report" or ledger records determined the amount of bankruptcy claims a division of C company at least 27354659.71 yuan. As a branch of C company and A company has been in business, no evidence of both parties clearly agreed deadline for performance and settlement, a branch of the C company to A company claims, has no problem of creditor's rights have limitation.

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