[Direct answer]In the Beijing area, the principal and the interest accrued before the acceptance of the bankruptcy application should be declared, but the interest will cease to be calculated after the acceptance. According to Article 46 Paragraph 2 of the Enterprise Bankruptcy Law of the People's Republic of China, the interest-bearing claims shall cease to be calculated from the date of acceptance of the bankruptcy application; Article 44 stipulates that when the people's court accepts the bankruptcy application, the creditors who have claims against the debtor shall exercise their rights in accordance with the procedures prescribed by this Law; Article 48 provides that the creditors shall declare their claims to the administrator within the time limit for declaration of claims determined by the people's court. That is to say, when declaring the claims, the principal and the interest, penalties, etc. before the acceptance of the bankruptcy application should be listed, and the interest after the acceptance will no longer be calculated. Action guidance: Complete the declaration within the declaration period, submit the evidence as required by the administrator, and accurately calculate the deadline.
I. Problem Background and Typical Scenarios
When a debtor enters bankruptcy proceedings, the creditor's main concerns are "whether my money and interest are still valid". Typical scenarios include: a loan contract stipulating high interest rates, where the creditor calculates the interest over the entire period but is told that interest calculation stops after the case is accepted; or a creditor with a valid judgment who doesn't know whether they still need to file a claim; there are also creditors who lose the opportunity to be compensated because they missed the deadline. Interest and the filing deadline are two high-frequency issues in bankruptcy claims.
II. Key points of contention
Firstly, the cutoff point for interest calculation; Secondly, whether penalties such as breach of contract penalties and late performance penalties can be declared together; Thirdly, whether claims with effective judgments still need to be declared; Fourthly, the consequences of late declaration. The key point is: Only by clarifying the "constitution" and "cutoff point" of the claim can we accurately declare it.
III. Professional analysis by Henglue Law Firm
The experience of Henglue in handling creditor-debtor cases is that the declaration of bankruptcy emphasizes the accuracy of two key aspects: "timing" and "evidence". Firstly, regarding timing: interest-bearing claims shall cease to accrue interest from the date of acceptance of the bankruptcy application, so creditors should calculate interest up to the date of acceptance rather than according to the contractual provisions up to the declaration date or repayment date. Similarly, non-matured claims shall be deemed matured upon the acceptance of the bankruptcy application and can be declared together. Secondly, regarding evidence: creditors should submit contracts, promissory notes, transfer vouchers, reconciliation statements, and effective judgment documents as required by the administrator, forming a complete chain of proof for the creditor's claims. Regarding specific items, there are disputes in practice over whether penalties for breach of contract and capital occupation fees can be fully declared. Generally, the amount declared shall be limited to actual losses and legal provisions, which need to be judged in light of contractual provisions and judicial rules. Three points need to be reminded: Firstly, even if holding an effective judgment, creditors should still declare within the prescribed time limit, otherwise it may affect their recovery of compensation; Secondly, the declaration period is determined by the people's court, and creditors should complete it within the time limit. If there are justifiable reasons such as force majeure, they can supplement the declaration after the obstacles are removed, but the distribution already made before the supplementary declaration will not be reissued; Thirdly, if creditors have objections to the claims confirmed by the administrator, they can request adjustment or initiate litigation in accordance with the law. In practice, creditors often make the mistake of calculating the declaration amount based on "agreed interest" up to the repayment date, resulting in an overstated declaration amount and affecting the calculation of the recovery ratio. In Beijing, it is generally required that the materials for creditor's declaration be standardized and the calculations be clear. The involvement of professional lawyers can help grasp the timing, organize evidence, and deal with objections to creditor's confirmation. In addition, if the debtor has no property available for enforcement, creditors can also pay attention to whether there are situations such as unpaid shareholders' contributions, and assert their rights through other channels.
IV. Practical suggestions and legal basis
The first step is to confirm the exact time of acceptance of the bankruptcy application and calculate the interest cutoff point accordingly. The second step is to submit the declaration materials and evidence to the administrator within the declaration period determined by the court. The third step is to list items such as the principal, interest before acceptance, and penalties to avoid overstating or omitting items. The fourth step is to raise objections to the administrator's confirmation results in a timely manner or file a lawsuit in accordance with the law. The main legal basis: Articles 44, 46, 48, and 56 of the Enterprise Bankruptcy Law of the People's Republic of China (effective June 1, 2007). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Advice
There are two key points in bankruptcy declaration: interest is calculated until the date of acceptance, and creditors must file their claims within the prescribed time limit. If the time point is calculated incorrectly or the time limit is missed, all efforts may be in vain. For matters involving creditor-debtor relations and bankruptcy, you can seek assistance through the following channels:Creditor's rights and debts, and enforcementObtain a comprehensive solution for the service; issues involving the company's and shareholders' responsibilities can be addressed jointlyBusiness and contract disputes in enterprisesPlate; for reference when dealing with difficult creditor's rightsSpecial services; For matters related to corporate compliance and general legal practice, please feel free to consult us.Intellectual property protection and corporate law; Those involving financial disputes can be referred to us for assistance\nFinancial capital and cross-border transactions involving foreign entitiesTeam.
VI. Frequently Asked Questions
Q1: Do interest payments still count after bankruptcy?
No further calculations will be made. Interest-bearing claims shall cease to accrue interest from the date of acceptance of the bankruptcy application. That is, interest before acceptance can be declared, but interest after acceptance will no longer be calculated. Therefore, when declaring the interest, it should be calculated up to the date of acceptance to avoid calculating it according to the agreement until the date of repayment.
Q2: What materials are required to file a claim for debts?
It usually includes a creditor's claim form, contracts or promissory notes, transfer and payment vouchers, account statements, collection records, effective judgment documents, and enforcement information. The materials should be able to fully prove the amount of the creditor's claim, the time it was formed, and the unpaid status, so that the administrator can review and confirm them.
Q3: Do I need to pay fees to file a claim for debts?
There is no charge for the filing of creditor's claims itself, and the administrator will not charge extra fees for reviewing and confirming creditor's claims. However, if lawyers are hired to assist in filing claims, responding to objections, or initiating lawsuits, corresponding service fees will be incurred, which will be determined based on the workload and scope of the matter.
Q4: What is the deadline for creditor's claims, and what should I do if I miss it?
The time limit for filing a claim shall be determined by the people's court, and the creditor shall file a claim within the time limit. If the creditor fails to file a claim within the time limit due to force majeure or other justifiable reasons, the creditor may file a supplementary claim after the obstacles are removed, but the distribution that has already taken place will not be reissued, and the supplementary claimant shall bear the corresponding review fees.
Q5: What should I do if I have objections to the claims confirmed by the manager?
You can first raise written objections to the administrator and provide additional evidence; if you are not satisfied with the result of the objection, you can file a lawsuit with the people's court handling the bankruptcy case in accordance with the law to request the confirmation of the creditor's rights. It is recommended to keep complete records of the declaration and communication to facilitate the assertion of rights.
The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.