[Direct answer]In the Beijing area, acceptance of the application for bankruptcy is deemed as the debt becoming due, but interest calculation is suspended. According to Article 46 of the Enterprise Bankruptcy Law of the People's Republic of China, un-matured claims are deemed as due upon acceptance of the bankruptcy application, and creditors may file their claims and participate in the distribution according to law; interest-bearing claims shall cease to accrue interest from the date of acceptance of the bankruptcy application. In other words, originally un-matured debts, loans, and other claims will not be excluded because they are un-matured, but will become due in advance on the date of acceptance; interest will be calculated up to the date of acceptance, and no new interest will be generated thereafter. Creditors should calculate the amount of their claims accordingly and file their claims in a timely manner.

I. Problem Background and Typical Scenarios

Creditors who hold loans or installment contracts that have not yet matured suddenly learn that the debtor has been accepted for bankruptcy by the court and worry that "if the debt has not yet matured, can they not file a claim?" Some argue that unpaid debts should be deducted from the unpaid interest or discounted according to the remaining term. The bankruptcy procedure pursues fair compensation for creditors. It treats unpaid claims as "deemed to have matured" to avoid substantive injustice caused by different maturity times, and at the same time, by stopping interest calculation, it maintains the balance among all creditors.

II. Key points of contention

Firstly, whether the non-due claims need to be declared and how to calculate them. Secondly, the time node for stopping interest calculation. Thirdly, the handling of conditional and time-limited claims. Fourthly, the connection between non-due claims and guarantees and offsetting.

III. Professional analysis by Henglue Law Firm

The first layer: Unmatured claims are deemed to have matured. After the bankruptcy application is accepted, the un-matured claims are deemed to have matured, and the creditors do not need to wait for the original maturity date to file their claims. When filing their claims, the creditors shall calculate the amount of the claims based on the principal, and the unrealized term benefits shall not be retained in principle. This is a rule established by the Bankruptcy Law to ensure fair settlement of creditor-debtor disputes. The second layer: Stop interest calculation. For interest-bearing claims, the interest shall be calculated until the date of acceptance of the bankruptcy application, and no further interest shall be calculated after the acceptance. This rule not only prevents the debt from being indefinitely inflated due to procedural delays, but also prevents individual creditors from gaining undue advantages through interest. Penalties, interest on delayed performance, and other items similar to interest are usually handled in accordance with this rule. The third layer: Conditional and time-limited claims. Conditional claims can also be filed before the conditions are met, and the administrator shall review and confirm them in accordance with the law. Time-limited claims shall be deemed to have matured in accordance with the aforementioned rules. For expectant rights and encumbered claims, they shall be handled in accordance with the specific circumstances and legal provisions. It is recommended to consult a professional lawyer. The fourth layer: Connection with guarantees and offsets. For unmatured claims with guarantees, the creditors may claim priority repayment from the guaranteed property and shall state it when filing their claims. For those claiming offsets, they shall meet the conditions for offsets set forth in the Bankruptcy Law (such as having a debt to the debtor before the acceptance), and there are special rules for the exercise of the right of offset. Henglue Tip: Creditors should promptly calculate the principal, interest, and guarantee situation and file their claims after being notified by the administrator to avoid missing the deadline. This case is handled by Beijing Henglue Law Firm.Yuan HangIn a case handled by the lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ), the company had no property available for enforcement and met the criteria for bankruptcy. The lawyer argued that the shareholders' unpaid capital should be accelerated to maturity, and the shareholders should bear supplementary compensation liability within the scope of their unpaid capital to help creditors obtain compensation during the transition from bankruptcy to enforcement.

IV. Practical suggestions and legal basis

The first step is to verify the date of acceptance of the bankruptcy application, based on which to determine whether the creditor's rights are considered due and the cut-off point for interest calculation. The second step is to calculate the amount of the creditor's rights based on the principal, organize an interest calculation table and attach evidence. The third step is to truthfully declare and explain matters such as guarantees and set-offs to avoid omitting any rights. The fourth step is to raise objections or file a lawsuit for creditor's rights confirmation if there are any objections to the amount of creditor's rights confirmed by the administrator. The main legal basis: Articles 40, 45, 46, and 49 of the Enterprise Bankruptcy Law of the People's Republic of China (effective as of June 1, 2007). The specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

There are three key points regarding un-due claims: they are deemed due upon acceptance, and claimants may file them and participate in the distribution process; interest accrues until the date of acceptance, after which no further interest will be calculated; and any guarantees or offsets must be declared at the time of filing. For matters involving the calculation of bankruptcy claims, relevant information can be obtained through the following channels:Creditor's rights and debts, and enforcementFor services that require an overall solution involving contracts and interests, they can be combined together.Business and contract disputes in enterprisesFor cases involving the realization of security rights over collateral, you may refer to the relevant provisions of the Guaranty Law of the People's Republic of China.Real estate transactions and construction projectsFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can I file a claim if the loan hasn't expired yet?

Yes. When the bankruptcy application is accepted, the unpaid claims are considered due. You can declare them based on the principal amount and participate in the distribution without waiting for the original repayment date, but you need to calculate the interest according to the rules.

Q2: When is the interest calculated?

The interest calculation shall be suspended from the date of acceptance of the bankruptcy application, and no interest shall be calculated after acceptance. For penalties, interest on delayed performance, and other items similar in nature to interest, the calculation of interest shall generally be suspended accordingly.

Q3: Will the unpaid interest be fully supported?

Generally, this won't happen. Unrealized term benefits are not retained in principle, and interest is only calculated up to the date of acceptance. After that, they will no longer be considered bankruptcy claims, to avoid an undue increase in creditor's rights.

Q4: What should I do with the conditional creditor's rights?

Applications can still be submitted, and the administrator will review and confirm them in accordance with the law. Whether the conditions are met or not will affect the final confirmation result. It is recommended to attach relevant contracts and evidence and seek professional advice.

Q5: What about secured non-performing loans?

It is also considered as due and should be declared. The creditor may claim priority repayment on the guaranteed property and explain the guarantee situation when declaring; the unpaid part may be distributed as an ordinary creditor's claim.

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 situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.