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Breaking through the whirlpool of public opinion, Shengheng Law Firm strives to ensure that customers are given priority in full repayment

Breaking through the whirlpool of public opinion, Shengheng Law Firm strives to ensure that customers are given priority in full repayment

(Summary description)In 2010, when the debt crisis of a well-known company in a certain city fell like dominoes, 18 related execution cases were deadlocked in the files of the Provincial High Court and the Municipal Court. Among them, the bank cases represented by our firm are particularly tricky - the debt of 80 million yuan in principal and corresponding interest is like being frozen in a complex maze of debts, and the limited property of the debtor has already been coveted by many creditors. The enforcement work of the two levels of courts has been stalled for a time, as if waiting for an unattainable ice breaking moment.

Breaking through the whirlpool of public opinion, Shengheng Law Firm strives to ensure that customers are given priority in full repayment

(Summary description)In 2010, when the debt crisis of a well-known company in a certain city fell like dominoes, 18 related execution cases were deadlocked in the files of the Provincial High Court and the Municipal Court. Among them, the bank cases represented by our firm are particularly tricky - the debt of 80 million yuan in principal and corresponding interest is like being frozen in a complex maze of debts, and the limited property of the debtor has already been coveted by many creditors. The enforcement work of the two levels of courts has been stalled for a time, as if waiting for an unattainable ice breaking moment.

Information

In 2010, when the debt crisis of a well-known company in a certain city fell like dominoes, 18 related execution cases were deadlocked in the files of the Provincial High Court and the Municipal Court. Among them, the bank cases represented by our firm are particularly tricky - the debt of 80 million yuan in principal and corresponding interest is like being frozen in a complex maze of debts, and the limited property of the debtor has already been coveted by many creditors. The enforcement work of the two levels of courts has been stalled for a time, as if waiting for an unattainable ice breaking moment.

 

Accurately locate and grasp the core key points 
Having been deeply involved in the industry for many years, time is the biggest cost in the game of multiple creditors competing for limited assets. The Shengheng legal team quickly formed a special team and worked overnight to sort out the case files and materials of 18 cases, accurately positioning the execution priority and property relevance of each case. The special group will establish a "hierarchical coordination" mechanism internally, and first communicate with the Municipal Court Enforcement Bureau to elaborate on the legality and urgency of bank claims; Step by step, submit a "priority implementation" plan to the Provincial High Court, and use data to demonstrate the exemplary role of initiating this case in resolving overall debt risks. After 17 consecutive days of intensive negotiations, the case of the bank I represent has been included in the execution channel.

 

Frequent problems and sudden tension in the situation
However, as soon as the execution program was launched, a sudden storm made the situation suddenly tense: in March of that year, dozens of employees under the company involved exposed the deaths of animals in the zoo they operated. This news was quickly confirmed by the zoo and wildlife conservation management station, and the relevant reports clearly showed that the main cause of death was "extremely poor nutritional status". This incident quickly attracted nationwide attention, and the government established a special working group to enter the park. For a time, judicial execution was placed under the magnifying glass of public opinion, and the execution procedure that had already been initiated was once again suspended.

 

The more difficult it is, the more professional it is
Faced with multiple pressures, the Sheng Heng legal team took the initiative to liaise with the government working group and submit relevant plans for animal protection and debt enforcement to be carried out simultaneously. Not only did it cite past cases of government assistance, but it also invited animal protection experts to participate in the demonstration, promising to prioritize animal feeding funds during the implementation process; On the other hand, I will continue to communicate with the court and emphasize the rationality of my proposed solution in accordance with the provisions of the Civil Procedure Law regarding the "repayment order of multiple creditors applying for execution against the same debtor". In two months, the team members held a total of 36 coordination meetings, traveled over 2000 kilometers between the court and government departments, and prepared nearly a hundred legal documents alone.
The key breakthrough point lies in the division of land use rights used to repay debts. Due to the complex nature of the land under the name of the executed party, Lawyer Sheng Heng collaborated with professional surveying and mapping agencies to conduct on-site surveys of the impact of park operations on each plot, ultimately obtaining recognition from relevant departments. When the court ruled to value the divided land use rights as debt to the bank, the entire team breathed a sigh of relief. This ruling not only covers the principal of 80 million yuan, but also includes the interest generated by overdue payments. The bank represented by Shengheng became the first among all creditors to achieve full repayment.
Overall, this case is not only a successful legal practice, but also demonstrates the professional ability of Shengheng Law Firm to resolve conflicts and balance interests in complex cases. Faced with the dilemma of multi-party games, we always adhere to the legal bottom line, use innovative thinking to solve problems, and ultimately realize the legitimate rights and interests of creditors, providing a model for the execution of similar cases.

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Time of issue:2021-09-07 11:37:27

盛恒律师事务所

 

Established in 1999, Shengheng Law Firm has its development headquarters in Shenyang, China, business headquarters in Shanghai, China, and European headquarters in Frankfurt, Germany. Now it has 22 wholly-owned branch offices, with full business coverage across China and the world. Throughout over 20 years of development, Shengheng has become a globalized law firm with worldwide business, large scale, well-known brand, and high-level information technological base.

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Time of issue:2021-09-07 11:53:34

Tel.:400-6180400

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Time of issue:2021-09-07 11:53:56

Address: 62F, Forum 66 Office Building, No. 1 Youth Avenue, Shenhe District, Shenyang.

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Time of issue:2021-09-07 11:54:17

E-mail:shengheng_hr@163.com

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Time of issue:2021-09-07 12:00:30

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