The Pudong New Area Court Actively Explores the Mechanism of Settlement and Rescue for Small and Micro Enterprises - Enterprises "Live" and Creditors Laugh

2023-08-07

Difficulties in operation, insolvency, and lawsuits related to unpaid wages... A company in crisis in Shanghai, W, was sued by former employees for unpaid wages and entered the stage of bankruptcy liquidation. Private small and micro enterprises have reached the "edge of life and death", and once they go bankrupt, it will cause more employees to lose their jobs. What should the court do when facing struggling companies and angry salary seekers? Recently, the Bankruptcy Trial Chamber of the People's Court of Pudong New Area in Shanghai promoted a rapid settlement through the application of summary procedures. In just two months, W Company was brought back to life, and the bankruptcy administrator was guided by the labor and social security supervision department to conduct a comprehensive physical examination for the company, promoting the standardized development of enterprise health. Even if I don't get the money, I will let it go bankrupt. "W Company is a private enterprise established in August 2016 with a registered capital of 1 million yuan. Its business scope includes the maintenance and sales of purification equipment, environmental protection equipment, etc. The company is still in operation. Wang is a former employee of the company and has a labor contract dispute with the company. However, after mediation by the court, W Company has never fulfilled the obligations determined in the mediation agreement. After the court's enforcement failed, Wang applied to the Pudong New Area court for bankruptcy liquidation of the company. In the bankruptcy application review, the applicant Wang was very angry at W Company and its legal representative Wu for their dishonest behavior: "Even if I can't get the money, I will let it go bankrupt!" The legal representative Wu and Wang had a deep conflict and adopted a evasive attitude such as refusing to answer the phone for the court's settlement work. After the Pudong New Area Court ruled to accept the case, in accordance with Article 7 of the "Shanghai Pudong New Area Several Provisions on Improving the Marketization and Rule of Law Enterprise Bankruptcy System" (hereinafter referred to as the "Pudong Provisions"), the simplified procedure was first applied and the bankruptcy administrator was actively urged to perform their duties efficiently in accordance with the law. The bankruptcy administrator shall go to relevant units to conduct property investigation within 3 days from the date of acceptance of the appointment, and shall communicate with creditors, debtor shareholders, and legal representatives on settlement matters within 20 days. During the communication process, creditor Wang gradually realized that if the company goes bankrupt, it may cause other employees to lose their jobs, which is also something he does not want to see. There has also been a turnaround on the company's side, and the legal representative of the company, Wu, expressed at the first creditors' meeting that he hopes the company can continue operating. After understanding this need, the presiding judge actively guided them to clarify their legal responsibilities. After a series of work, the legal representative Wu finally agreed to resolve the crisis faced by the enterprise through reconciliation. On June 16th, Wu, as one of the shareholders, reached a settlement agreement with each creditor and paid the repayment amount to the bankruptcy administrator's account. The actual repayment rate of each creditor's debt reached 100%. On June 19th, the Pudong New Area Court issued a civil ruling recognizing the settlement agreement between W Company and creditors such as Wang, and ending the bankruptcy proceedings. The enterprise has come to life, and the creditors have finally received their own money. Thank you to the court. It has been more than three years since the mediation agreement was made, and the other party has not paid. Now, I have finally obtained the amount owed by the company through bankruptcy settlement procedures, "Wang said happily over the phone. This case has made me feel the speed and temperature of justice. The case has been closed, but the work of the court has not yet been completed

Edit:Ying Ying    Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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