The Shanghai branch participated in handling cases and was selected as a "Typical Case of Active Judiciary (Enforcement) by the Supreme People's Court"

2023 05/23

On May 19, 2023, the Supreme People's Court held a press conference on typical cases of active justice (execution) in the People's Court, and also released the top ten typical cases of active justice (execution). "Typical Case I: A Kunshan real estate company's implementation of bankruptcy reorganization" was undertaken by the bank financial legal team of Gaopeng (Shanghai) Law Firm.


The bank financial legal team of Gaopeng (Shanghai) Law Firm, as the agent of the client Zhongtai Trust Co., Ltd., has accepted the client's entrustment since 2016 to claim the creditor's rights from a property company in Kunshan through the court enforcement procedure according to the creditor's rights notarial document with enforcement effect. In April 2019, the People's Court of Kunshan City, Jiangsu Province ruled to accept the bankruptcy liquidation case of a real estate company in Kunshan, and the client enjoyed a mortgage right in accordance with the law over the construction in progress involved in the case. Afterwards, Lawyer Gao Peng provided continuous legal services for the realization of the client's creditor's rights by declaring the creditor's rights, attending the creditor's meeting, raising objections to the creditor's rights on behalf of the client, and assisting the client in joining the debt committee. In March 2020, the debt committee of a real estate company in Kunshan agreed to carry out bankruptcy restructuring. The Shanghai branch bank finance team cooperated with the client to carry out debt transfer related work, and through accompanying negotiations and negotiations, actively communicating with the bankruptcy administrator, drafting debt disposal plans, assisting in drafting and modifying the "Debt Transfer Agreement" and other services, actively facilitated the client and restructuring investors to finally sign a debt transfer agreement, Assist the principal in realizing the debt as soon as possible.


This case is the first case in Jiangsu Province in which the business license of the enterprise was restored and the bankruptcy reorganization was completed during the execution of the bankruptcy procedure. Through the high-quality and diligent service of the bank's financial legal team of Gaopeng Shanghai Branch, not only the legal rights and interests of the client were effectively protected, but also contributed to the subsequent effective balance of the interests of creditors and the successful completion of the bankruptcy reorganization.