Support was expressed for the view that subparagraph(a) should be treated as establishing the standard of conduct required of the debtor in insolvency proceedingsin order for it to be discharged.
The creditor needs to be able to assess, with a high degree of certainty, the extent to which its security right has priority over other creditors and remains effective in insolvency proceedings.
在有些法律制度中,在破产程序中提出索偿的有担保的债权人被视为已放弃担保或放弃债权所附带的某些特权。
In some legal systems a secured creditor who files a claim in the insolvency proceeding is deemed to have waived the security or some of the privileges attached to the credit.
在破产程序启动后,债务人出售了未连附任何担保权的不动产,并用出售所得现金购买库存品。
After the commencement of insolvency proceedings, the debtor sells immovable property that is not subject to any security right and uses the cash received from the sale to buy inventory.
在破产程序启动前,有担保债权人依赖债务人在破产程序启动后出售的库存品上的担保权向债务人提供了信贷。
Before the commencement of the insolvency proceedingsthe secured creditor had advanced credit to the debtor in reliance upon a security right in the inventory that the debtor sold after the commencement of the insolvency proceedings.
Requiring the extension of credit after commencement of insolvency proceedings would be especially inequitable if, as described in paragraph[20], no additional encumbered assets are being provided after commencement to the secured creditor.
Otherwise, the debtor could encumber its assets to prefer one creditor to another on the eve of the commencement of insolvency proceedings, or without obtaining corresponding value, to the detriment of other creditors.
这是因为,这些债权很多都是在破产程序开始之前刚刚产生的,因此在其登记后不可能产生任何担保信贷。
This is because a number of these claims arise immediately prior to insolvency proceedings and therefore there is unlikely to be any secured credit arising after they are registered.
However, to achieve the goals of insolvency proceedings, the rights that a secured creditor has outside of insolvency proceedings may need to be modified or affected once the insolvency proceedings commence.
Points that need to be addressed are, for example, whether enforcement of a security right is stayed and whether the security right will be recognized in the insolvency proceedings and, if so, its relative position.
(95) The insolvency law should clearly specify the debtor' s obligations in respect of insolvency proceedings. Those obligations should arise on the commencement of, and continue throughout, those proceedings..
In IMF' s view, insolvency laws should seek to leave undisturbed contractual rights which permitted the close-out and netting of obligations promptly after the commencement of insolvency proceedings.
关于这项议题所开展的工作重点一直是临近破产期所产生的但仅在破产程序启动后才可强制执行的义务。
The focus of the work undertaken on that topic has been upon the obligations that arise in the period approaching insolvency, but that become enforceable only once insolvency proceedings commence.
此项原则在破产程序中同样适用。
In principle, the position should be the same in insolvency proceedings.
有的与会者则提出,这段案文不妨改为"在破产程序期间"。
Alternatively it was suggested that the text might be replaced with the words“during insolvency proceedings”.
可能在破产程序中提交谎报债权申请,以欺诈债权人或未来投资者。
False claims may be filed in the insolvency proceeding to defraud creditors or potential investors.
有些与会者支持从建议83第一句中删除"在破产程序启动后立即"这些字样。
Some support was expressed for deleting the phrase" promptly after the commencement of insolvency proceedings" from the first sentence of recommendation 83.
规定在破产程序期间暂时停止个别受让人或转让人的债权人收取应收款的权利,.
(ii) providing for a stay of the right of individual assignees or creditors of the assignor to collect the receivables during the insolvency proceeding;
该公司表示将在破产程序期间继续出版该杂志,并计划在六个月内退出第11章。
The company says it will keep publishing the magazine during bankruptcy proceedings and aims to be out of Chapter 11 in six months.
(a)应收款在破产程序开启之前或在扣押之前[转让][产生][通过履约获得];或者.
(a) the receivables[were assigned][arose][were earned by performance] before the opening of the insolvency proceeding or attachment; or.
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