论破产程序中有财产担保债权的处理

Solution to the Credit Right of Guarantee with Property in Bankrupt Prbcedures

本文从破产企业以其财产向其债权人提供担保的债权处理；破产企业以其财产为第三人债务提供担保的债权处理；第三人以其财产为破产企业债务提供担保的债权处理等三个角度充分论述了破产程序中有财产担保债权的处理，为企业破产清算提供必要参考。

Enterprise bankruptcy consequently involves two types of guarantee, with propertyand without property involved in the bankrupt procedure. When an enterprise goes bankrupt,its guarantee's liability can't be avoided. So the disposal of clearing off guarantee credit withproperty does not amount to that of bankruptcy credit in bankrupt procedure. On the basis ofthe conditions of establishment of interest security law and so on, the author put forward threeProblems: first, disposal of the problem that bankrupt company guarantees its debts with itsproperty; second, disposal of the problem that the bankrupt company guarantecs the thirdparty's dcbls with its property; third, disposal of the problem the third party guarantees thebankrupt company's debts with its property. Thus, thc author expects to make it more regu-lar to deal with the credits and debts in bankrupt cases.