[ABSTRACT] Article 31 of the Enterprise Bankruptcy Law provides that if an enterprise transfers its property at a manifestly unreasonable price within one year of entering bankruptcy proceedings, the administrator shall be entitled to motion the People’s Court to revoke the transfer. The purpose of such revocation is to recover the property for the benefit of all creditors of the bankrupt enterprise.
1 房地产开发企业破产重整利益平衡实务分析 作者：卓纬律师事务所 · 张思明 摘要：房地产开发企业破产重整涉及购房者、建筑商、银行以及企业职工等诸多 债权人的利益，存在不同性质权利优先权之利益博弈，相关法律及司法解释与破产法 规定亦有不衔接之处。本文以房地产开发企业破产存在的社会风险为逻辑起点，坚持 社会责任本位理念，从保护购房者利益的视角研究房地产开发企业破产重整利益平衡 机制，对可能或者已经发生破产原因但又有挽救希望的房地产开发企业，通过对各方 利害关系人的利益协调，制定具有可操作性的重整计划，以使危困企业顺利获得更 生。 关键词：房地产开发企业；破产重整；利益平衡 房地产开发企业破产重整是一个相对复杂的系统工程，需要平衡多方利益，制定 周密的重整计划才能使重整顺利进行，根据破产重整申请受理时企业开发项目的不同 状况，合理保护购房者的利益。各方利益关系主体还应本着社会本位原则，积极化解 重整实务中出现的矛盾纠纷。 一、 房地产开发企业破产风险分析 房地产开发企业破产具有不同于一般企业破产的特殊性，其破产涉及到银行等金 融机构、投资人、建筑商、被拆迁人、购房者等诸多主体利益。如果出现房地产开发 企业的大规模破产，将会影响金融秩序的稳定，甚者导致如美国的次贷危机而诱发金 2 融风险。
Understanding your rights as a creditor while navigating under China’s bankruptcy laws is becoming a must these days, especially for foreign creditors. As many foreign companies engage in business with Chinese companies, chances are likely that you will encounter a failing Chinese company that will file for bankruptcy in China. A China bankruptcy filing can have a tremendous impact upon foreign creditors. If you are doing business with Chinese companies or have investments in Chinese companies, you should be aware of your rights as a creditor under Chinese bankruptcy laws.
On 21 October 2013, the financially troubled company Hainan PO Shipping applied for bankruptcy and winding up before the People’s Court of Hainan Yangpu Economic & Development Zone (“Yangpu Court”). The Yangpu Court approved the application on 31 October 2013, and the Court has since nominated the administrators of Hainan PO Shipping.
Payment of debts to individual creditors (hereinafter also referred to as “individual payoff”) refers to the debtor’s payment to individual creditors when the debtor is already subject to bankruptcy because of a certain reason. The P.R.C.
最高人民法院关于适用《中华人民共和国企业破产法》若干问题的规定（一）(09/09/2011)
The Bankruptcy Law, applicable to FIEs and most other companies in China, will come into effect on 1 June 2007.
The Bankruptcy Law sets out a dual test of insolvency: inability to pay debts as they fall due ("cash flow insolvency") and insufficient assets to pay off all debts ("balance sheet insolvency"). Either a debtor or a creditor may apply to the court for reorganization or liquidation of the debtor. Court assistance may also be sought to conciliate.
The Supreme People’s Court has begun drafting the Regulations of Several Issues Concerning the Application of Enterprises Bankruptcy Law (Tentative Name), so as to conform with the implementation of the Enterprise Bankruptcy Law. The regulations are meant to interpret the EnterpriseBankruptcy Law in an integrated and systematic way and guide all levels of the people’s courts in adjudicating enterprise bankruptcy cases. The regulations are in the early state of drafting.
Xi Xiaoming, the deputy president of China’s Supreme People’s Court, said that the Supreme People’s Court has formally launched efforts to formulate judicial interpretations on the Enterprise Bankruptcy Law. The Court will conduct further research on several important legal issues arising from the new circumstances and problems which the courts have encountered since the introduction of the Enterprise Bankruptcy Law on 1 June 2007.
Introduction This briefing complements our other publications on corporate restructuring and the sale or purchase of distressed assets.
What are the options for companies in financial difficulty in the PRC?