Zhuhai on the west the area is famous Ou Longji of Doumen of oily look forward to expands limited company (the following abbreviation " dragon radical company " ) go bankrupt reforming had new progress. The reporter learns from Zhuhai quadrangle yesterday, recently, court of people of area of gate of Zhuhai a unit of dry measure for grain applies for according to debtor, the ruling approves 5.2 of experience of dragon radical company the reforming plan of 100 million yuan of debt, end reforming program.
Current, reforming of dragon radical company works to had been started, production is managed enter normalization path, post of return of more than 100 mechanic, be close to renascence of bankrupt company Nie . And in handling a process, classics court tries hard, this one enterprise came true infrequently " go bankrupt to be produced ceaselessly, employee is not unemployed " , will go bankrupt the bad influence that reforming brings falls lowest. This also is Zhuhai city high bank note passes serieses of first each creditor's rights the insolvency that vote reforming case.
Famous oil look forward to is in debt 520 million
As we have learned, dragon radical company held water 2002, register capital to make an appointment with 30 million yuan, be located in Doumen to press down big Hao to develop side of Shanxi of two ear mountain, cover an area of area 67597m2, have the 30 0 0 that petro-chemical library reachs form a complete set ton class single user wharf, total storage capacity is 9.91 10 thousand M3, hold " dangerous chemical business certificate " " finished product oil is wholesale management approval letter " " finished product oily storage runs approval letter " " card of exercise of haven danger goods " " haven business certificate " wait for aptitude card to illuminate, it is oil of finished product of a volume, chemical industry article wholesale manage and storage manages the sources of energy at an organic whole to sell a business, turnover of the company before 2014 is as high as more than yuan 1 billion, tax of state of turn over to the higher authorities expends 60 0 beyond, more than 100 staff of company all has relevant aptitude personnel to have a technology, will be progress of economy of stimulative Doumen place to make larger contribution for years.
Began 2014, because sex of bluff of international oil price drops, caused loss of a huge sum to the enterprise, together with bank tightens up credit, the capital catenary of the enterprise ruptures subsequently, external accumulative total defaults each debt to be as high as 520 million yuan, had gone to go bankrupt the brim of liquidation. In December 2016, hunan is new limited company of trade of oil of China couplet international puts forward pair of dragon radical companies to undertake bankrupt liquidating application to Doumen court as creditor.
After case ruling is accepted, doumen court classics shakes bead the means of ballot appoints some attorney office to hold the position of debtor the administrative person of dragon radical company. Time is declared in legal creditor's rights inside, share 18 creditor to go bankrupt administrative person declares creditor's rights, affirm declare creditor's rights amount aggregate more than yuan 520 million.
Dragon radical company regards Zhuhai as enterprise of great and dangerous source, go bankrupt directly liquidation can cause a series of problems, the company provides resource of the management aptitude of value, brand to will not continue to use most, the assets such as oil depot, dock cannot go in time now, many personnel unemployment needs to find a place for compensation, not only creditor cannot suffer countervail, and will produce new social issue. "Go bankrupt difficult problem of adjudgement since judicatory, also be social difficult problem, drag in range is wide, the issue is complex, involve the element of surface of social square side. " case undertaker piece Judge expresses.
Court: Go bankrupt to be produced ceaselessly, employee is not unemployed
If why had handled this period go bankrupt case? Doumen court introduces, after receiving a case, the court contacts Doumen area actively safe production controls management board, make " be related is communicated, rectify and reform with manufacturing neither by accident " go bankrupt working program. Supervise in what the area installs inspect bureau below, allow dragon radical company is limited begin oil depot to rent business, insist to be communicated in real time, real time is superintended, real time is rectified, want to ensure safe production already, should come true again " go bankrupt to be produced ceaselessly, employee is not unemployed " .
The course is investigated and evaluate, go bankrupt adjudgement collegiate bench thinks dragon radical company serves as large civilian battalion oily look forward to, have indispensable aptitude card to illuminate, the advantage such as talent skill, operation, have second birth value and second birth likelihood. May 2017, according to debtor the application of dragon radical company, doumen court rules this case enters reforming order.
In September 2017, ask because of safe production and the contradictory and ceaseless aggravate of current situation of capital of operation of dragon radical company, investor jib. Partial worker because reforming foreground is unidentified leave his post early or late, company will of people drifts. Go bankrupt administrative person also adjusts Wu of no longer hold the post of application a type of classical Chinese literature because of business, and right now reforming program has an in part, strong experience typhoon " Tian Ge " the dragon of test base the company is immersed in the condition that be in a dilemma.
Go bankrupt to urge dragon radical company smoothly reforming, realize creditor profit at an early date, doumen court took multinomial innovation move. Above all, execute debtor self-supporting mode. Use debtor to manage the understanding with financial standing to company production, bold reinstate runs a group formerly, while aggrandizement is superintended, encourage debtor to introduce investor independently, change of the capital come-and-go during cast-iron pipe accuses enterprise battalion to carry, human affairs, asset handles classify matter.
In the meantime, innovation creditor chairman is chosen. The change is appointed by the court or throw the customary way that elect by ballot holds the post of, contest of initiate creditor chairman hires mount guard mechanism, make choose choose a condition a regulations, strictly, from capital actual strength, traffic convenient gender, cast financing isogon of forehead of convenience sex, creditor's rights is spent preferred elect a creditor chairman.
Subsequently, the court is decisive and seasonable change administrative person. Come on stage " anthology allow to go bankrupt administrative person implements measure (try out) " " allow to go bankrupt about be being chosen with competitive means supervisory grading detailed rules " " go bankrupt about holding water the proposal that manages a person to evaluate committee " " evaluation committee rules of procedure " wait for a series of regulations, appoint in time for debtor change administrative person.
Finally, carry out double recommend recruit investor. The method that through going bankrupt information makes public exclusiveness of resolution of inquiry of interior of investor of feedback, intent, creditor to invest, innovation takes debtor and loan double recommended mode, abundant of final affirmatory Guangzhou gives birth to beneficial to give birth to investment to develop limited company to be the investor of dragon radical company.
Meet absolutely give birth to post of return of more than 100 mechanic
20 18 the beginning of the year, dragon radical company goes broke reforming plan draft votes in creditor conference first time failure, many creditor are anxious, the court votes in creditor below the condition that did not carry, the ruling approves reforming plan. To remove creditor doubt, doumen court lawfully Shi Ming discloses the information of carry of battalion of dragon radical company, case that bring watch in time, organize each many actively round of negotiation, change around to be amounted to seventeen times about the consultative content that invests frame only.
The reforming after revising plans draft to vote via each on conference of the 7th creditor group vote, high bank note is passed. By January 2019, the court rules approval reforming plans, end reforming program. Current, dragon radical company is supervised in supervisory and the examine and verify of Doumen court falls, begin to implement reforming plan.
Last a period of time insolvency of two years reforming program, doumen court issues judicatory document in all more than 100, the organization talks more than 50 times, developed effectively go bankrupt reforming is dissolved in load of debt of civilian battalion company, promotion of industrial administrative levels and space of market of civilian battalion economy extend the positive effect that waits for a respect, final implementation goes bankrupt value of enterprise battalion freight rate and loan interest photograph are unified, help danger surrounds enterprise coruscate lease of life, realize phoenix Nie .
Dragon radical company shows, as indebted 530 million yuan key energy company, through the court lawfully reforming introduces strategic investment, can saying is meet absolutely unripe, the aptitude evidence with the most valuable business is illuminated can continue to use, in petrifaction, medium the fluctuation such as oil swims enterprise hopeful continues to cooperate, many 100 worker that has professional operation technical ability can continue to produce his value.
Interview and write:
South He Juan of reporter of scene of reporter Zhu Peng
Little data
Dragon radical company held water 2002, register capital to make an appointment with 30 million yuan, be located in Doumen to press down big Hao to develop side of Shanxi of two ear mountain, it is oil of finished product of a volume, chemical industry article wholesale manage and storage manages the sources of energy at an organic whole to sell a business, turnover of the company before 2014 is as high as more than yuan 1 billion, tax of state of turn over to the higher authorities is expended 600 beyond, more than 100 staff of company all has relevant aptitude personnel to have a technology.
Began 2014, because sex of bluff of international oil price drops, caused loss of a huge sum to the enterprise, together with bank tightens up credit, the capital catenary of the enterprise ruptures subsequently, external accumulative total defaults each debt to be as high as 520 million yuan, go to go bankrupt the brim of liquidation.
Time is declared in legal creditor's rights inside, share 18 creditor to go bankrupt administrative person declares creditor's rights, affirm declare creditor's rights amount aggregate more than yuan 520 million.
Doumen court introduces, supervise in what the area installs inspect bureau below, allow dragon radical company is limited begin oil depot to rent business, insist to be communicated in real time, real time is superintended, real time is rectified, want to ensure safe production already, should come true again " go bankrupt to be produced ceaselessly, employee is not unemployed " .
Judge aspirations
Reforming plans high bank note to pass
This case is Zhuhai city high bank note passes serieses of first each creditor's rights the insolvency that vote reforming case, also be the court insists to ensure civilian battalion economy to develop a concept, develop judicatory wisdom adequately, in order to commercialize, the means help that law changes is immersed in the crisis but have second birth value the successful case that civilian battalion enterprise restores vitality.
Handle a case the judge expresses, go bankrupt reforming is one of business failure law expert system, be aimed at a likelihood technically or had had go bankrupt reason but have the company that manages value and second birth hope again. The finished product oil that what dragon radical company has value most is hair of nucleus of Department of Commerce is concessionary management aptitude, in the market very rare be short of, examine and approve hard.
Dan Longji company is going broke oneself advantage did not realize at the beginning of accepting, repel blindly go bankrupt program, think to enter go bankrupt even if sentenced capital punishment to the enterprise. Fall finally in forensic communication, recognize is worth from social status and put forward to turn into the application of reforming program, court lawfully examine and verify turns into reforming program.
Dragon radical company regards civilian battalion as oily look forward to, the Gao Wei of its industry is gender, small numerous sex, professional the scope that the feature limitted investor, the requirement is rectified and reform because of bringing watch during going bankrupt at the same time and cause a company cannot the problem of normal operation, also cannot will the advantage of dragon radical company is revealed completely come out, let many investor jib.
Doumen court abandons making public the traditional thinking of recruit, innovation is carried out double recommend recruit way, encourage creditor recommend and creditor to recommend investor, encourage proper motion of debtor, investor, creditor to talk things over, encourage civilian battalion enterprise to take an active part in the negotiation outside front courtyard, still give market principal part the negotiation, the court is done guide and guard a pass finally. Commercialize through this kind, the way that law changes, made creditor conference finally pass reforming to plan draft with the high bank note of percent of pass of 90% , obtained favorable social result.
