[Direct answer]In the Beijing area, if the secondary debtor, that is, the person subject to enforcement, goes bankrupt, the mature creditor's rights owed by him to the applicant for enforcement shall be included in the bankruptcy estate and collected and distributed by the bankruptcy administrator. The applicant for enforcement usually cannot enforce against the secondary debtor individually anymore, but shall declare his creditor's rights to the bankruptcy administrator in accordance with the law. According to the "Enterprise Bankruptcy Law of the People's Republic of China" (implemented on June 1, 2007) and relevant judicial interpretations, after the court accepts the bankruptcy application, civil litigation against the debtor concerned can only be initiated in the court accepting the bankruptcy case. It is recommended to first confirm the time of bankruptcy acceptance, then decide whether to declare or litigate, and refer to it when necessary.Creditor's rights and debts, and enforcement casesColumn.

1. Problem background and typical scenarios

The following scenarios of secondary debtors going bankrupt are common: First, the enterprise being executed against enters bankruptcy liquidation as a secondary debtor, and its payment obligation to the applicant for enforcement is converted into a bankruptcy claim; Second, the debtor owes the secondary debtor a receivable, and the secondary debtor's bankruptcy results in the need to declare the matured claim to the administrator; Third, in the chain of debts among related companies, the bankruptcy of any party will affect the enforcement chain; Fourth, if the enforcement court has frozen the secondary debtor's property, the freeze should be lifted and handed over to the administrator after the acceptance of the bankruptcy. When handling similar cases in Beijing, the court usually first checks the acceptance of the bankruptcy and the deadline for creditor's claims, and then links the enforcement and bankruptcy procedures. The relevant key points can be referred to for reference.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

First, regarding whether individual enforcement actions should be suspended after bankruptcy acceptance, according to the relevant rules of the Enterprise Bankruptcy Law, the property preservation of the debtor concerned should be lifted, and the enforcement procedures should be suspended. Second, regarding how to declare due claims, it is necessary to submit the creditor's vouchers to the administrator and explain the basis for enforcement. Third, regarding the relationship between declaring claims and continuing enforcement, individual settlements are generally no longer allowed in bankruptcy proceedings. Fourth, regarding the handling of undue or conditional claims in bankruptcy, they should be converted according to law or await the fulfillment of the conditions. Fifth, regarding the connection with the accelerated maturity of shareholders' capital contributions and the revocation of individual settlements. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Law Firm

Taking the dispute over shareholders harming the interests of company creditors handled by our firm as an example, we can observe the recovery path when the secondary debtor, that is, the company, is unable to repay the debt. In the intermediary contract dispute between Ma * and A Company, the effective judgment ordered A Company to return the intermediary service fees. After enforcement, A Company had no property available for execution, and the execution was terminated. Ma * entrusted Yuan Hang, a lawyer from our firm, to investigate and found that none of the shareholders of A Company had paid the actual capital contribution. Therefore, a lawsuit was initiated against the shareholders for harming the interests of company creditors. The relevant contractual relationships can be referred to for reference.Business and contract disputes in enterprisesThe court ruled that Company A was unable to repay its due debts and clearly lacked the ability to do so, and that it met the criteria for bankruptcy but failed to file for bankruptcy. The court ordered the uninvested shareholders to bear supplementary compensation liabilities within the scope of their subscribed capital, and the relevant enforcement procedures can be referred to for guidance.Special services and other casesThis is a column. The case is handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case indicates that if the secondary debtor has grounds for bankruptcy but does not file for bankruptcy, the unpaid shareholders' contributions may accelerate their maturity.

IV. Practical suggestions and legal basis

Action recommendations: First, after receiving the bankruptcy notice from the secondary debtor, immediately verify the bankruptcy acceptance ruling and the creditor's declaration period, and timely declare the creditor's rights to the administrator; Second, organize the basic contracts, judgments, enforcement rulings, etc. to prove the authenticity and maturity of the creditor's rights; Third, if the secondary debtor has bankruptcy grounds but has not applied for bankruptcy, explore the possibility of claiming accelerated maturity of the unpaid share capital from its unpaid shareholders; Fourth, avoid individual deductions and comply with the unified distribution of bankruptcy assets; Fifth, pay attention to procedures such as revoking individual settlements and recovering unpaid share capital, and refer to relevant operations for referenceSpecial services and other casesThe column. In terms of legal basis, Article 44 of the Enterprise Bankruptcy Law of the People's Republic of China stipulates that creditors shall declare their claims in accordance with the law during the bankruptcy proceedings, Article 48 stipulates the time limit for the declaration of claims, and Article 35 stipulates that the unpaid capital of shareholders shall accelerate maturity after the court accepts the bankruptcy application.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, the bankruptcy of the secondary debtor means that individual enforcement will be fundamentally suspended, and the focus should be shifted to declaring claims; Secondly, failing to declare claims within the time limit may result in the loss of distribution rights, so it is necessary to keep track of the deadlines; Thirdly, if the debtor meets the bankruptcy criteria but fails to apply for bankruptcy, other measures such as accelerating the maturity of shareholders' investment can be taken; Fourthly, false bankruptcies or individual settlements can be revoked and held accountable according to law. It is recommended to fix the evidence of claims as soon as possible, grasp the declaration deadlines, and refer to the relevant provisions when necessary.Creditor's rights and debts, and enforcement casesThe column is assisted by professional lawyers to facilitate the execution and bankruptcy procedures.

VI. Frequently Asked Questions

Q1: If the secondary debtor goes bankrupt, can I still recover my due claims?

Yes, but the method will change to filing a bankruptcy claim. After the bankruptcy of the secondary debtor is accepted, you generally cannot enforce against them individually anymore, but should instead file a claim with the bankruptcy administrator and receive compensation according to the distribution ratio of the bankruptcy estate. If the secondary debtor meets the bankruptcy criteria but has not filed for bankruptcy, or there are shareholders who have not paid in full, you can explore paths such as accelerating the maturity of shareholder contributions to recover the debt. The final repayment will depend on the size of the bankruptcy estate and the confirmation of the creditor's claims.

Q2: What should I prepare when declaring due claims to the bankruptcy trustee?

The following materials should be prepared: 1. Contracts, IOUs, and settlement documents to prove the authenticity of the underlying debt; 2. Enforcement documents such as effective judgments, mediation agreements, or arbitration awards; 3. Evidence of performance or maturity, such as collection receipts and reconciliation records; 4. Bankruptcy acceptance rulings and creditor's claim notifications; 5. If claiming shareholder liability, additional materials such as industrial and commercial archives and actual payment records should be provided. Having all these materials in hand will help ensure the smooth confirmation of the creditor's share of the debt.

Q3: How much does it cost to file a bankruptcy claim?

The declaration itself is usually handled by the creditor himself, and the court does not charge a declaration fee. If the creditor entrusts a lawyer to assist in sorting out the creditor's rights, participating in the creditor's meeting, or claiming shareholder liability, the lawyer's fee will be negotiated according to the amount of the subject matter and the complexity of the case. The litigation fee is only charged in stages according to the amount of the subject matter when filing a separate lawsuit for confirmation or recovery. Compared with individual enforcement, the cost of bankruptcy proceedings is more controllable, but the recovery rate of the debt is limited by the bankruptcy estate.

Q4: How long will it take to get the money after the secondary debtor goes bankrupt?

It depends on the progress of the bankruptcy proceedings. The bankruptcy liquidation usually takes several months to several years from acceptance to distribution, with simple cases taking one or two years and complex asset restructurings taking even longer; disputes over creditor confirmation may also be delayed. If the shareholders' investment is accelerated to maturity and sued separately, the first-instance ordinary procedure generally does not exceed six months. The key is to file claims in a timely manner, keep track of deadlines, and avoid losing eligibility for distribution due to delays.

Q5: What should I do if the secondary debtor goes bankrupt?

The first step is to verify the bankruptcy acceptance ruling and the filing deadline, and immediately file a claim with the administrator; the second step is to organize contractual documents, judgments, and enforcement rulings, among other supporting materials; the third step is to determine whether the secondary debtor meets the criteria for bankruptcy but has not filed for bankruptcy, and explore accelerating the maturity of shareholders' contributions; the fourth step is to monitor the procedures for revoking individual settlements and recovering unpaid contributions; and the fifth step is to, if necessary, hire a professional lawyer to coordinate enforcement and bankruptcy proceedings, referring to the "Creditor-Debtor and Enforcement Cases" section for guidance.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.