[introduction of the lawyer in this case]
Li Haiyi, senior partner of Liaoning Tongfang law firm. Engaged in enterprise bankruptcy, liquidation, reorganization and other company legal business for a long time. He is currently the legal adviser of the people's Government of Liaoning Province, the director of the bankruptcy and liquidation Professional Committee of Liaoning Lawyers Association, the vice president and Secretary General of Shenyang bankruptcy administrator Association, and the deputy director of the liquidation and bankruptcy Professional Committee of Shenyang Lawyers Association.
[case details]
Liaoning JDB, formerly known as Liaoning JSJ Home Building Materials Supermarket Co., Ltd., was established on June 23, 2004. It is a limited liability company jointly funded by JSJ Chain Commercial Group Co., Ltd. and Tianjin JSJ Building Materials Supermarket Co., Ltd. On December 31, 2006, JDB Asia Holdings Co., Ltd. acquired Tianjin JSJ Home Building Materials Supermarket Co., Ltd. JDB Asia Holdings Co., Ltd. was renamed JDB (Tianjin) Commercial Co., Ltd., and Liaoning JSJ home building materials Co., Ltd. was renamed Liaoning JDB Home Building Materials Supermarket Co., Ltd. Domicile: No. 52, Jianshe Middle Road, Tiexi District, Shenyang; legal representative: Scott Collins boma. Liaoning JDB has a registered capital of 5 million yuan. The investor is JDB (Tianjin) Commercial Co., Ltd., with a capital contribution ratio of 100%; Business scope of Liaoning JDB: Wholesale and retail of building materials, decoration materials, construction machinery, hardware and electricity, furniture, kitchen utensils and supporting equipment, daily necessities, daily sundries, chemical products (except highly toxic products, dangerous chemicals and easily made drugs), instruments and meters, telecommunications equipment, general labor protection supplies, office supplies, household decorations, flower garden art products, arts and crafts products, automobile accessories and cleaning and maintenance products; Technical information consultation; Leasing of construction equipment and tools; Commodity display service; After sales installation and maintenance of the sold goods (if qualification certificate is required, it shall be handled according to relevant national regulations); Rental counter (the Contractor shall apply for another license).
According to the 2012 financial statement audit report of Liaoning JDB Home Building Materials Supermarket Co., Ltd. (lzhhs [2013] No. 231) issued by Liaoning Zhongheng certified public accountants Co., Ltd. provided by the debtor, as of December 31, 2012, the total assets of the debtor were 606692.77 yuan, mainly receivables, such as 454189.57 yuan from Beijing JDB Home Building Materials Supermarket Co., Ltd. The total liabilities are 45982986.23 yuan, mainly accounts payable, such as advance payment of 45140647.67 yuan to JDB (Tianjin) Commercial Co., Ltd.
Liaoning JDB Home Building Materials Supermarket Co., Ltd. (hereinafter referred to as Liaoning JDB) has applied to Shenyang intermediate people's Court (hereinafter referred to as Shenyang intermediate people's court) for bankruptcy liquidation due to its poor management, serious insolvency and inability to pay off its due debts. On September 4, 2013, Shenyang intermediate people's court made [2013] shenzhongmin Sanpo (pre) Zi No. 2 civil ruling to accept the bankruptcy liquidation of Liaoning JDB, and made [2013] shenzhongmin Po Zi No. 1-1 decision on September 5, 2013, appointing Liaoning Tongfang law firm as the manager and Yang Xingquan as the manager. Shenyang intermediate people's court delivered the civil ruling on accepting the bankruptcy liquidation application and the decision on appointing the administrator to the administrator.
Acceptance of bankruptcy liquidation: Shenyang intermediate people's court made [2013] SzM Sanpo (pre) Zi No. 2 civil ruling on September 4, 2013, which ruled to accept the bankruptcy liquidation of Liaoning JDB.
Declare bankruptcy
[reason for adjudication]: the court held that Liaoning JDB Home Building Materials Supermarket Co., Ltd. could not pay off its due debts. Upon the debtor's application, the court ruled to accept the bankruptcy liquidation case of Liaoning JDB Home Building Materials Supermarket Co., Ltd. The audit results showed that Liaoning JDB Home Building Materials Supermarket Co., Ltd. was insolvent and a large number of matured debts could not be paid off. The first creditors' meeting of Liaoning JDB Home Building Materials Supermarket Co., Ltd. has been held. During and after the meeting, creditors, debtors and other relevant entities did not apply for settlement and reorganization. According to the situation of the enterprise, there is no possibility of settlement and reorganization. To sum up, according to the provisions of Article 2 and article 107 of the enterprise bankruptcy law of the people's Republic of China, the ruling is as follows: Liaoning JDB Home Building Materials Supermarket Co., Ltd. is declared bankrupt.
On November 21, 2014, Shenyang intermediate people's Court issued [2013] szmpz No. 1-1 civil ruling, declaring Liaoning JDB Home Building Materials Supermarket Co., Ltd. bankrupt.
Termination of bankruptcy proceedings
[reasons for adjudication]: the court holds that Liaoning JDB Home Building Materials Supermarket Co., Ltd. has been accepted and declared bankrupt by the court according to law, and its management plan, price change plan and distribution plan have been approved by the creditors' meeting. The distribution plan of bankruptcy property clearly states the bankruptcy expenses, bankruptcy claims, the situation of the bankruptcy property available for distribution, and the distribution order and method. The distribution plan has been determined and confirmed by the court, All have been executed by the bankruptcy administrator of Liaoning JDB Home Building Materials Supermarket Co., Ltd. the distribution report and application termination report provided by the bankruptcy administrator of Liaoning JDB Home Building Materials Supermarket Co., Ltd. indicate that the final distribution is completed, the bankruptcy liquidation procedures are completed, and should be terminated according to law. To sum up, according to Article 120 of the enterprise bankruptcy law of the people's Republic of China, the ruling is as follows: the bankruptcy procedure of Liaoning JDB Home Building Materials Supermarket Co., Ltd. is terminated.
Typical significance
This is the first bankruptcy liquidation case undertaken by our office as the administrator after the implementation of the administrator system in the bankruptcy law. We have appointed lawyers Li Haiyi, Dong Enzhong, Zhang gengyuan and Wang Lixin to form the lawyer team of the bankruptcy liquidation case. In the absence of case handling experience, the lawyer team of our office worked hard to study the bankruptcy business and successfully completed the bankruptcy liquidation task.
The bankrupt enterprise in this case has no bankruptcy property available for distribution, and the bankruptcy property is insufficient to pay the bankruptcy liquidation expenses. According to the provisions of the bankruptcy law, if the bankruptcy property is insufficient to pay the bankruptcy expenses, the bankruptcy proceedings may be directly terminated. However, the shareholders of the bankrupt enterprise in this case are willing to pay the bankruptcy expenses, so this case can go through the bankruptcy proceedings.
In the process of handling bankruptcy liquidation cases, the administrator shall keep close and smooth contact with the financial personnel of the bankrupt enterprise to create convenient conditions for future audit and evaluation. Otherwise, some work may not be carried out. We should pay attention to the tax issues of bankrupt enterprises, such as tax returns and invoices, so as to create conditions for future tax cancellation.
In the process of handling bankruptcy liquidation cases, because the number of bankruptcy cases is small, the bankruptcy administrator system is a new system, and various government departments lack understanding of the bankruptcy law and the bankruptcy administrator system, which brings great difficulties to the work of the administrator. Therefore, in many cases, managers need to give full play to their intelligence and talents and carry out creative work to solve the problems encountered in the work.