Practical Discussion on Environmental Pollution Control of Bankruptcy Liquidation Enterprises

As the country's attention to environmental issues has become increasingly high, various regions have increased their supervision of chemical enterprises, and have introduced stricter environmental policies. In recent years, due to a series of reasons such as the continuous rise in the price of chemical raw materials and the overlapping epidemic, many chemical enterprises have faced difficulties in operating and went bankrupt. Some chemical enterprises have caused environmental pollution and damage to social and public interests during their operations, and have not been treated or repaired. After entering the bankruptcy and liquidation process, it is unclear whether the company has become insolvent and continues to undertake the repair obligations for environmental pollution control, what nature of the repair costs for environmental pollution control are in the bankruptcy process, and to what extent the administrator has performed his duties in dealing with environmental pollution issues of the bankrupt and liquidated enterprises compared to relevant laws and regulations such as the Enterprise Bankruptcy Law. Therefore, based on our lawyers' experience in handling bankruptcy and liquidation cases, this article elaborates on our understanding of the above issues related to managing environmental pollution from bankruptcy and liquidation enterprises during bankruptcy and liquidation. This view only represents the view of Gao Peng's author.

Using the Case to Say "Mutual Benefit Debt" -- Can the Debt Before the Acceptance of the Bankruptcy Application Be Recognized as Mutual Benefit Debt

"When an enterprise enters bankruptcy proceedings, if both parties have not fulfilled the contract, the administrator may decide to terminate the contract or continue to perform the contract. Under certain conditions, the administrator may also decide to continue the company's business.". There is no dispute as to whether the debts incurred by the people's court in continuing to perform the contract after accepting the bankruptcy application belong to the common interest debts. However, the "Enterprise Bankruptcy Law" does not specify whether debts incurred under contracts that continue to be performed prior to the acceptance of bankruptcy applications should be recognized as co beneficial debts. Therefore, the dispute has always existed in practice. Some courts have ruled that it is a co beneficial debt, while others have not supported the opinion that it is a co beneficial debt. Based on the case undertaken by our firm, this article elaborates on our understanding of co beneficial debt, which only represents the view of Gao Peng's author.

Remedies for natural persons such as legal representatives and actual controllers who are "limited in height" due to the enforcement of the unit

With the strengthening of enforcement efforts, more and more units that are unable to fulfill their obligations as determined by effective legal documents have been included in the list of persons subject to high limit or dishonest enforcement, and the relevant responsible subjects such as legal representatives, actual controllers, and other natural persons have also been included in the "high limit list" by the people's courts. Many people are concerned about whether there are other ways or means to extricate natural persons from the "high limit list" who are not able to fulfill all the obligations specified in the effective legal documents and who are punished by "sitting in tandem" due to their failure to perform. This article introduces, analyzes, and discusses the scope, impact, and relief avenues of the punished person in combination with our practical operations.

Issues related to the tracing of motor vehicle property in enterprise bankruptcy and liquidation cases

In the process of handling enterprise bankruptcy liquidation cases, administrators often encounter the issue of transferring vehicle assets of the bankrupt enterprise or the compulsory liquidation enterprise. Usually, in addition to the above-mentioned enterprises voluntarily handing over vehicle assets to the administrator, the administrator will also go to the vehicle management agency of the local public security organ to inquire about bankruptcy or compulsory liquidation of movable property such as motor vehicles under the name of the enterprise. Especially for those enterprises filed by creditors that apply for debtor bankruptcy or compulsory liquidation, it is more necessary for the administrator to take the initiative to go to the vehicle management office to find out the situation of the motor vehicles under the name of the enterprise.

Gao Peng's lawyer won the final trial of a series of contract disputes involving companies affiliated to Aerospace Group

Recently,Wang Mingtao,a senior partner of Gaopeng Law Firm,represented a series of contract litigation and arbitration cases for companies affiliated to the Satellite Factory of Aerospace Group.After more than a year of unremitting efforts,the team finally won a complete victory in the first and second trials,winning a significant victory in the series of cases,laying a favorable foundation for the subsequent litigation of other series of cases and the adjudication of related arbitration cases.The result of this case has won high praise and recognition from relevant leaders such as state-owned enterprise satellite factory and client.Lawyer Gao Peng has once again won a good reputation for our aerospace system.

Lawyer Gao Peng Solves the Urgent Needs of the Enterprise, and the Employees of Zhonghe Ecological Agricultural Technology Co., Ltd. Present a Golden Flag to Thank You

On January 28, 2022, Zhonghe Ecological Agricultural Technology Co., Ltd. (hereinafter referred to as "the Ecological Company") sent a banner with the words "professional and efficient silk peeling and cocoon removing to solve the case, supporting the weak and helping the poor and warming the hearts of the people". The customer expressed their gratitude to the management team of Gaopeng Law Firm for their hard work and service attitude that can put the rights and interests of employees at heart.

Fan Chao and Wang Mingtao, partners of Gaopeng General Office, participated in the 11th Hainan Island International Sailing Race in 2020

The 11th International Sailing Race around Hainan Island in 2020 was held from November 19 to December 4. The host port of the race is located in Sanya, and the route of the race is 580 nautical miles. The Sanya Haikou Sanya Round the Island Rally is the longest, most difficult, and most complex sailing event in China. This year's sea sailing competition has made a historic breakthrough, and it is the first time that the event has achieved full circle sailing without stopping.

Protect the rights and interests of employees of bankrupt enterprises and maintain social harmony and stability The superior unit of the bankrupt enterprise expressed its gratitude to Gao Peng for sending pennants

On October 14, 2020, Aerospace Group made a special trip to Gaopeng and sent a pennant with the words "High efficiency and courage to fulfill its duties in accordance with the law, and generally promote harmony and protect the rights and interests of employees", in the process of bankruptcy liquidation of Gaopeng's enterprise, in order to protect the rights and interests of employees, actively guide and resolve disputes, I would like to express my gratitude for the efforts made to maintain social harmony and stability and for the spirit of high efficiency and responsibility.

China Securities Regulatory Commission commends relevant intermediary institutions such as Gaopeng Stock Exchange for participating in risk management of securities companies

The risk management summary and commendation meeting of securities companies was held in the beautiful coastal city of Dalian on September 20th,2010.The meeting summarized and commended the comprehensive governance work of securities companies over the past seven years.The meeting was attended by the heads of the CSRC,the Supreme People's Court,the Ministry of Public Security,the Risk Office of the CSRC,the China Investor Protection Fund Corporation,and the working groups,administrative liquidation groups,and custodian institutions of 31 securities companies under disposition.The meeting commended 37 excellent units participating in risk management of securities companies.Gao Peng participated in and was responsible for the administrative liquidation of Zhongfu Securities Co.,Ltd.,and was praised by the conference.Lawyer Wang Mingtao,a senior partner of the Firm,attended the meeting on behalf of Gao Peng and accepted the honorary certificate issued by the China Securities Regulatory Commission.

Wang Mingtao Attended 16th International Assembly of Korean Lawyers-Gaopeng & Partners

Wang Mingtao,senior partner of Gaopeng&Partners,upon invitation,attended the 16thInternational Assembly of Korean Lawyers(IAKL)held in Philadelphia US from Sept.11th-14th.The purpose of IAKL,an annual conference which is held in the US every second yesr,is to enhance cooperation and communication among lawyers speaking both English and Korean around the world.More than 160 lawyers of Korean origin attended IAKL this year.The participation of Wang Mingtao and another Chinese lawyer,a Korean Chinese from Qingdao,made the first attendance of Chinese lawyer in IAKL.All the participants,based on their practicing areas,were divided into 9 panels with 4 or 5 speakers each.Wang Mingtao was invited to deliver a speech on the security and stability of capital market in China to the panel of capital market,securities and bank.Wang also introduced Gaopeng&Partners in conference,and gave our invitation for cooperation with other law firms.

Wang Mingtao invited to attend the 16th Korea Lawyer International Conference-Gaopeng & Partners

Gaopeng Lawyer Wang Mingtao was invited to attend the 16th Korea Lawyer International Conference which will be held in Philadelphia,USA from 11th Sept.to 14th Sept.He,upon invitation,will deliver a speech on security and stability of the capital market in China to the financing panel during the conference.

The administrative liquidation of Zhongfu Securities in our office is about to end, and Zhongfu Securities will become the only securities company to complete the administrative liquidation within one year

On July 26, 2006, our office was entrusted by the China Securities Regulatory Commission to establish an administrative liquidation team to be responsible for the administrative liquidation of Zhongfu Securities Co., Ltd., one of the Delong families. Lawyer Wang Mingtao was appointed as the leader of the administrative liquidation team, exercising the duties of the legal representative of Zhongfu Securities Company, and responsible for the overall work of the administrative liquidation. After nearly a year of hard work, on July 2, 2007, the China Securities Regulatory Commission approved the application of Zhongfu Securities for judicial bankruptcy transfer. Currently, the Shanghai Second Intermediate People's Court has reviewed the bankruptcy application materials of Zhongfu Securities, and the proposed acceptance of the application will be submitted to the Shanghai High Court for review and approval by the Supreme People's Court. Zhongfu Securities will officially enter the judicial acceptance and bankruptcy stage. Zhongfu Securities will become the only securities company among the 31 high-risk disposal securities companies to complete administrative liquidation within one year.

Our lawyer presided over the administrative liquidation of Zhongfu Securities and made good progress

On July 26,2006,the China Securities Regulatory Commission entrusted Gaopeng Law Firm to organize the establishment of the Zhongfu Securities Administrative Cleanup Working Group,appointing our lawyer Wang Mingtao as the leader of the Administrative Cleanup Group to exercise the authority of the company's legal representative and enter Zhongfu Securities Co.,Ltd.,one of the securities companies affiliated to the Delong family,to carry out administrative cleanup work.

Gaopeng Law Firm has been successfully selected as a qualified supplier of legal services by the China Academy of Space Technology

Recently, Gaopeng Law Firm was successfully selected as a qualified supplier of legal services by the China Academy of Space Technology (CAST-5).

Mr. Gao Peng represented the labor dispute arbitration case of the subsidiary enterprise of Aerospace Group and won a great victory

Recently, the legal team of Wang Mingtao of Gaopeng Law Firm represented two complex labor dispute arbitration cases between a unit of China Aerospace Group and former employees Dong Moumou and Gong Moumou won a complete victory.

The Youkang bankruptcy reorganization case undertaken by Gaopeng was successfully selected as one of the top ten outstanding performance cases of Zhejiang Bankruptcy Administrators Association in 2020

On the morning of May 30,2021,the on-site review meeting of the top ten outstanding performance cases of bankruptcy administrators in Zhejiang Province in 2020 was successfully held in Hangzhou.

The Youkang bankruptcy reorganization case undertaken by Gaopeng was selected as one of the top ten typical bankruptcy cases in Zhejiang court in 2020

On March 17,2021,the Higher People's Court of Zhejiang Province released the 2020 bankruptcy trial work report of Zhejiang courts and the top ten typical cases.The case of merger,bankruptcy,and reorganization of ten enterprises of the Youkang family,jointly managed by Beijing Gaopeng Law Firm,Beijing Gaopeng(Hangzhou)Law Firm,Zhejiang Zhejing Law Firm,and Dahua Certified Public Accountants(special general partnership)Zhejiang Wanbang Branch,was selected as one of the top ten typical bankruptcy cases in the Zhejiang court in 2020.

高朋律师协助尚真新材成功挂牌新三板

Beijing Gaopeng Law Firm was once again confirmed as a member of the bankruptcy administrator list of the Beijing High Court

On November 26,2018,the Beijing Higher People's Court issued the"Announcement on the Preparation of the Register of Institutional Administrators in Enterprise Bankruptcy Cases",starting to prepare the second batch of intermediary institutions engaged in bankruptcy liquidation cases.The preparation of the first list of bankruptcy administrators by the Beijing High Court was conducted after the implementation of the bankruptcy law in 2007.Over a decade has passed,and we,Gaopeng Office,are members of the first list of bankruptcy administrators approved by the Beijing High Court.The first group of managers'institutions were identified in the same year as 100 institutions,60 law firms,40 liquidation and accounting firms.After more than ten years of development,significant changes have taken place in the bankruptcy business and the bankruptcy administrator organization.Many original institutions have been cleared out of their member lists for various reasons and cannot engage in this type of business anymore.Many new institutions have requested to join in.Therefore,the Beijing High Court has initiated a new screening process for institutional administrators in corporate bankruptcy cases.

Partners of Gaopeng & Partners Fan Chao and Wang Mingtao Participate in the 12th CCIR

Inaugurated in 2007,the China Cup International Regatta(CCIR)was officially listed on the race calendar of the International Sailing Federation(ISAF)in 2010 and won the“Best Asian Regatta”five times.In 2015,the ISAF awarded the“Special Award of Promoting Sailing Sports”to CCIR.In 2016,the 10th CCIR attracted 138 racing teams from 38 countries and regions on five continents,with more than 1,500 players participating.In the past decade of the CCIR,about 200 media and 1,000 media reporters have conducted on-site reports of the event,including international authoritative mainstream media such as CNN,BBC,ESPN,Reuters,Singapore-based Lianhe Zaobao,CCTV and Xinhua News Agency,which all paid continuous attention to the CCIR.It is precisely due to the concentration of media attention at home and abroad that the CCIR has grown into the most influential international sailing event in Asia after ten years of its inception.