If the party fails to repay the loan within the time limit, it may be blacklisted for a period of time, and may be investigated for criminal responsibility after repeated dunning. Even if criminal responsibility is investigated, the debt of the bank card will still be paid. Therefore, repayment is the only way to solve the problem.
The following situations do not belong to debt restructuring:
1. The convertible bonds issued by the debtor are converted into shares according to the agreement (because the agreement has not changed);
2. The debtor's bankruptcy liquidation (which should be treated as liquidation accounting at this time);
3. The debtor reorganizes (the rights and obligations have not changed substantially);
4. Debtor borrows new debt to repay old debt (the old debt has been fulfilled when borrowing new debt).
Extended data:
The principle of debt restructuring should generally follow the procedure of writing off the lost or irrecoverable assets and the debit balance in the profit and loss account, and re-evaluating the assets to determine their present value to the enterprise.
Determine whether the enterprise can continue trading without continuing financing, or whether it needs to continue financing, and determine the required amount, form and who can provide financing. According to the scale of debts to be written off and the amount of financing needed, the enterprise determines a reasonable way to share the impact of write-off among the parties providing funds for the enterprise.
Debt restructuring is essentially a legal activity, which aims to change the original contractual relationship between creditors and target companies (debtors) in a certain way.
For example, the reorganization by means of asset liquidation is the behavior that the creditor and the target company change the creditor-debtor contract and perform it according to the contract; Debt-to-equity restructuring transforms the contractual relationship between creditor and target company into equity investment relationship.
Restructuring by modifying the debt clause is a change of rights and obligations between the creditor and the target company under the original contract. As for the reorganization agreement reached under the auspices of the court and its implementation process, its legal nature is beyond doubt.
On the other hand, the core of the contracting process of debt restructuring between creditors and target companies is the reconfirmation of creditor's rights and debts of both parties. And this confirmation itself reflects the emergence of new legal relations.
Baidu encyclopedia-debt restructuring