Viewpoint... Building a multi-functional bankruptcy case digital platform-to empower bankruptcy case digital platform construction from the perspective of the manager.

Published:

2023-04-11

Foreword Since the concept of "smart court" was put forward in January 2016, digital reform has been gradually promoted in the field of bankruptcy trial. The National Enterprise Bankruptcy Reorganization Case Information Network (hereinafter referred to as the "Reorganization Information Network") established by the Supreme People's Court has realized the timely disclosure of bankruptcy case trial process information and announcements, legal documents, debtor information and other information related to bankruptcy procedures., So that the work of the trial court and the administrator can be supervised by creditors and debtors in a timely manner. The purpose of the establishment of the reorganization information network is to "improve the transparency and credibility of the trial", which is mainly to enable the trial court and the administrator to publish information in a timely manner, accept supervision, and have the characteristics of "externality. In addition to the reorganization information network, there are also some other bankruptcy case handling digital platforms in the market, such as "bankruptcy cloud" and "breaking easy cloud". These bankruptcy case handling digital platforms are mainly set up with management labor as the main body. At present, the main function is to receive creditor's rights declaration. However, in the process of bankruptcy case trial, besides the court and administrator, it is also inseparable from the participation and support of other social subjects such as debtors, creditors and investors, there is a great deal of communication between these subjects, such as between the administrator and the court, between the administrator and the debtor, between the administrator and the investor, between the court and the debtor, between the court and the creditors, and the interaction between these subjects is "internal". The current reorganization information network and the market bankruptcy case digital platform can not achieve effective communication between these subjects, the communication between the main body is still mainly offline, which undoubtedly increases the cost of communication between the administrator, the court and other parties, reduce the efficiency of bankruptcy case work. The purpose of this paper is to combine the daily practical work needs of the manager, to the manager's perspective for the bankruptcy case digital platform construction to put forward the idea, to build a multi-functional bankruptcy case digital platform. 1. increase the setting of the debtor sector Take the reorganization information network as an example, the current reorganization information network set up the main body of the bankruptcy case for the court, creditors, managers, investors, the lack of the debtor plate set up. The debtor is very important in the trial proceedings of bankruptcy cases. Its main obligation is to "cooperate", which is manifested in the main cooperation with the administrator, the completion of the handover of the financial and business affairs of the bankrupt enterprise, and the investigation and verification of the administrator in the course of performing his duties. Work and so on. Although the debtor is in a "relatively passive" position throughout the insolvency proceedings, the degree of cooperation and participation of the debtor sometimes directly determines the course of the insolvency case. In addition, when the court and the administrator send relevant documents and notices to the debtor enterprise in the bankruptcy proceedings, they can also be sent through the case-handling platform with one click. Therefore, it is reasonable to set up a "debtor" section to increase the transparency of the debtor's participation in the entire bankruptcy case and promote the sound development of the bankruptcy procedure. 2. improve the bankruptcy filing system settings Most of the applications in current bankruptcy cases are made by creditors or debtors submitting written materials to the court offline. When a creditor files a bankruptcy petition, the court needs to notify the debtor whether it objects. If the court accepts the application, it is necessary to serve a ruling on the debtor and require the debtor to submit to the court a statement of property status, a list of debts, a list of claims and other enterprise information materials in the possession of the debtor's enterprise. And these bankruptcy filing materials are also the first-hand information for the later administrator to understand the debtor's business information. In practice, the court issues a decision on the appointment of the administrator, and after the administrator enters the market, he will often copy the relevant bankruptcy application materials to the court at the first time. In the process of digital development of bankruptcy cases, on the premise of increasing the setting of debtor sections, an online filing system for bankruptcy cases is added, so that debtors and creditors can upload filing materials and supplementary materials, the court can send one-click notice to creditors and debtors, and the court can also send bankruptcy application materials to administrators, thus realizing digital operation in each work link, greatly saving working time and providing work efficiency. 3. set up a separate creditor system in the manager's work platform to realize one-click sending of notification information. Sending all kinds of notices to creditors in a timely manner to protect the creditors' right to know, participate and supervise is an important work of the administrator. In the whole process of bankruptcy cases, the general notice to creditors are: notice of claims declaration, notice of creditors' meeting, communication letter of verification of claims, notice of reminder to attend the meeting, etc. In current practice, most managers still send notices to creditors by traditional mail, sometimes due to local technical limitations, and the mailing slips sent to creditors are also handwritten rather than typed. And in order to ensure that creditors receive the relevant notice, the administrator will generally take the mailing bureau to ask for a receipt, their own manual query courier information in order to prove that creditors received the relevant materials. Handwritten mailing, inquiry of express delivery information, and matching of request receipt with mailing information are all aimed at ensuring that the relevant notices sent to creditors can be delivered to creditors in a timely manner and to protect the rights of creditors. If the number of creditors of the debtor's business is in the hundreds, each time the relevant notice is sent to the creditors, these repetitive tasks cost the administrator a lot of human, material and financial resources. If the creditor system can be set up separately and the manager can freely enter creditor information, no matter how many notices are sent, the relevant work can be completed by selecting the creditor and sending it with one click. Whether it is successfully sent and whether creditors receive relevant notices can also rely on technical statistics to fully realize digital development, greatly saving manpower, material resources and financial resources. In current practice, there are also some digital systems, which rely on the relevant information filled in by creditors in the creditor's rights declaration system to realize one-click notification to creditors. This operation can also improve efficiency and save time, but there are still some disadvantages: First, when the court or the administrator (in practice, the court generally entrusts the administrator to send the creditor's rights declaration notice) sends the creditor's rights declaration notice to creditors, creditors do not fill in the creditor's rights declaration system, when the first notice of claim declaration is sent to creditors, the list of creditors is often based on the list of claims provided by the enterprise, coupled with the list of creditors finalized by the administrator after taking over the enterprise through due diligence and other means. When sending the creditor's rights declaration notice for the first time, it cannot be sent by the creditor's rights declaration system. Second, in order to ensure the success of creditor's rights declaration, some creditors often fill in multiple creditor's rights in the system and use the creditor's rights declaration system to send them with one key, which will lead to the problem of repeated sending. Third, due to the limitation of technical level, some creditors often use the traditional on-site declaration or paper mail method to declare claims, at this point, using the claim filing system to send a notice to creditors would omit that part of the creditor. Therefore, the confirmation of the list of creditors should be based on the list of creditors information held and determined by the administrator itself, rather than the information of creditors in the claims declaration system. The notice to creditors should also be based on the creditor information in the administrator's own possession. 4. set up a separate employee system on the manager's work platform to publicize employee claims. Article 48 of the Enterprise Bankruptcy Law stipulates that employee claims are not required to be declared, and a list is made and publicized by the administrator after investigation. If the employee has any objection to the list, he may request the administrator to correct it; if the administrator refuses to correct it, the employee may bring a lawsuit to the people's court. According to this law, although the employee's creditor's rights are not required to be declared, the manager still needs to make public to the employee after investigation, especially if the employee has any objection to the creditor's rights, he can raise an objection, so as to protect the rights and interests of the employee. In practice, after the administrator has completed the investigation of the employee's claim, it will generally notify the employee to post the employee's claim at the domicile of the debtor's enterprise, and if the employee has any objection to the claim, it will be proposed to the administrator that if the employee has no objection to the claim, he will sign a no-objection confirmation form (or not). In bankrupt enterprises, there are often many years of unpaid wages, some employees have long been in a state of resignation, in the new unit, and then let this part of the staff back and forth to confirm the claims for employees there is a certain degree of difficulty. Therefore, the notification and confirmation of employee claims can be realized through the digital platform. Managers send their claims to employees through the platform, and employees also confirm their claims through the digital platform to achieve digital green office. 5. setting up a correlation system between the court and the administrator to realize the submission and approval of documents. In the process of performing the duties of the administrator, based on the needs of the work, some documents need to be approved by the court before they can be effectively implemented, such: on the "Request for Approval of XX Co., Ltd. Reorganization Working Mechanism Plan and Other Systems", "Request for Approval of XX Company's Public Selection of Audit and Evaluation Institutions", "Report on Request for People's Court to Ruling Confirmation of Unchallenged Creditor's Rights", "Request for Request for Extension of Approval to Submit XX Company's Reorganization Plan Draft", etc. In addition, the manager also needs to report to the court on a regular basis, such as: the manager takes over the company's work report, about XX company work briefing. In practice, when the administrator submits documents to the court, he generally makes an appointment with the host judge in advance to submit relevant materials to the court, but sometimes changes the time to submit documents to the court due to temporary matters. After the court approves, the administrator will go to the court to retrieve the relevant documents and repeat them back and forth before completing a job. However, if a correlation system is set up between the administrator and the court, the administrator can directly submit relevant documents to the court through the case handling platform, and the court will review the approval documents and then transmit them to the administrator, which can facilitate the communication between the administrator and the court and improve work efficiency. Conclusion The handling of bankruptcy cases requires the participation of multiple parties, and the construction of the digital platform for bankruptcy cases also requires the participation of multiple parties to gradually improve. The author's idea of a multi-functional bankruptcy case digital platform is only from the perspective of the manager, and puts forward the above ideas from the perspective of the most practical and efficient work. Courts, debtors, investors, and creditors should not be absent from the participation in the construction of the digital platform for bankruptcy case handling, so that the construction of the digital platform tends to be complete, so that the construction of the digital platform is not reduced to "decoration" because of its practicality ".

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