The establishment of a new mode of bankruptcy financing, Shunde District Court to promote the involvement of banks in the restructuring of bankrupt enterprises


Foshan news reporter Li Pan reported: On January 24, “Guangdong Qianshan company common interest debt financing signing ceremony” was held in shunde court.At the signing ceremony, Shunde Rural Commercial Bank signed a bank loan contract with Guangdong Qianshan Medical Device Technology Co., LTD. (hereinafter referred to as Guangdong Qianshan Company), and shunde Rural Commercial Bank issued a loan of 2 million yuan to Guangdong Qianshan Company.The signing of this contract marks the landing of the cb financing project of Guangdong Qianshan Company, realizing a major breakthrough in direct financing to bankrupt enterprises by banks, and providing shunde model for effectively solving the financing difficulties of bankrupt enterprises.The reporter learned that Guangdong Qianshan Company, located in Shunde High-tech Zone, is a key construction enterprise in Guangdong Province. Due to the capital chain fracture of its parent company and debt crisis, it was ruled to accept bankruptcy liquidation by Shunde District Court in 2021 and appointed Guangdong Jinlun Law Firm as bankruptcy administrator.Trial, find out guangdong shunde district court qianshan mountain company restructuring value and restructuring might, but due to a lack of liquidity to pay for the cost such as enterprise asset management, warehousing, restructuring can’t push, if no money to solve the above problem, may cause the enterprise existing assets derogatory, erosion, and even lost reforming value and potential.Case handling judge, Shunde court bankruptcy court vice president Wang Xiaona told reporters, “there are a variety of reasons for bankruptcy, some enterprises just because of the capital chain fracture and bankruptcy, but still have core assets, core technology and so on, with restructuring value and restructuring possible.”Under normal circumstances, after enterprises enter bankruptcy proceedings, credit investigation and other aspects will be restricted accordingly, and banks and other financing institutions usually no longer provide financing services to bankrupt enterprises.Financing is difficult, become bankrupt enterprise to walk out of predicament obstacle.In order to stabilize employment and ensure employment, in recent years, the central and local governments have introduced policies to encourage local governments to explore the establishment of new bankruptcy financing mechanisms and solve the financing difficulties of bankrupt enterprises.As a strong manufacturing industry city, foshan, actively explore the related mechanism in September 2020, foshan shunde bank insolvency administrator association and the five Banks, such as signing on the memorandum to solve the problem of the bankrupt enterprise financing, foshan city, the parties reach a consensus, by the five Banks according to their respective business rules and service products, provide credit support for the foshan the bankrupt enterprise.Then in February 2021, foshan and foshan foshan city finance bureau, silver circ regulatory bureau, foshan central sub-branch of the people’s bank of sign on the memorandum for the conduct of financing in the bankruptcy procedure, the new mode of financing support to establish the bankruptcy proceedings, for the predicament enterprise financing difficult problems in the bankruptcy process to provide security.Signed by the “memorandum” as an opportunity to actively promote the guangdong shunde district court qianshan mountain company financing from financial institutions, through to the number of financial institutions about policy, research technical difficulties, after three months, eventually led to shunde bank loans to companies in guangdong mountains 2 million yuan, and determined by the creditors’ meeting voting for the “common good”.”Common interest debt” refers to the general term of the debt borne by the debtor’s property for the benefit of all creditors in bankruptcy proceedings.According to the law, the loan after the bankruptcy of the enterprise is the common interest debt, by the debtor’s property at any time, from the first order of bankruptcy property repayment.In the case, the funds needed for the daily operation of Guangdong Qianshan Company’s asset management and storage are common interest bonds. The 2 million yuan loan provided by Shunde Rural Commercial Bank will be paid off by Guangdong Qianshan Company from the first place in the bankruptcy property according to the contract.Li Hong, vice president of Shunde District Court, said that this project is not only a demonstration of shunde District Court’s continuous innovation of bankruptcy trial mechanism, but also an important contribution of foshan financial management departments and financial institutions at all levels to implement central policies, bear social responsibilities and optimize the business environment.Next, Shunde District Court will continue to boldly explore and solve the financing difficulties of enterprises, and help more enterprises to succeed in bankruptcy reorganization.At the same time, will continue to strengthen the bankruptcy policy publicity, promote the whole society to support, understand the bankruptcy restructuring.Declaration: The copyright of this article belongs to the original author, if there is a source error or infringement of your legitimate rights and interests, you can contact us through the mailbox, we will promptly deal with.Email address: jpbl@jp.jiupainews.com

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