Practical Discussion on Environmental Pollution Control of Bankruptcy Liquidation Enterprises

As the country's attention to environmental issues has become increasingly high, various regions have increased their supervision of chemical enterprises, and have introduced stricter environmental policies. In recent years, due to a series of reasons such as the continuous rise in the price of chemical raw materials and the overlapping epidemic, many chemical enterprises have faced difficulties in operating and went bankrupt. Some chemical enterprises have caused environmental pollution and damage to social and public interests during their operations, and have not been treated or repaired. After entering the bankruptcy and liquidation process, it is unclear whether the company has become insolvent and continues to undertake the repair obligations for environmental pollution control, what nature of the repair costs for environmental pollution control are in the bankruptcy process, and to what extent the administrator has performed his duties in dealing with environmental pollution issues of the bankrupt and liquidated enterprises compared to relevant laws and regulations such as the Enterprise Bankruptcy Law. Therefore, based on our lawyers' experience in handling bankruptcy and liquidation cases, this article elaborates on our understanding of the above issues related to managing environmental pollution from bankruptcy and liquidation enterprises during bankruptcy and liquidation. This view only represents the view of Gao Peng's author.

Using the Case to Say "Mutual Benefit Debt" -- Can the Debt Before the Acceptance of the Bankruptcy Application Be Recognized as Mutual Benefit Debt

"When an enterprise enters bankruptcy proceedings, if both parties have not fulfilled the contract, the administrator may decide to terminate the contract or continue to perform the contract. Under certain conditions, the administrator may also decide to continue the company's business.". There is no dispute as to whether the debts incurred by the people's court in continuing to perform the contract after accepting the bankruptcy application belong to the common interest debts. However, the "Enterprise Bankruptcy Law" does not specify whether debts incurred under contracts that continue to be performed prior to the acceptance of bankruptcy applications should be recognized as co beneficial debts. Therefore, the dispute has always existed in practice. Some courts have ruled that it is a co beneficial debt, while others have not supported the opinion that it is a co beneficial debt. Based on the case undertaken by our firm, this article elaborates on our understanding of co beneficial debt, which only represents the view of Gao Peng's author.

Remedies for natural persons such as legal representatives and actual controllers who are "limited in height" due to the enforcement of the unit

With the strengthening of enforcement efforts, more and more units that are unable to fulfill their obligations as determined by effective legal documents have been included in the list of persons subject to high limit or dishonest enforcement, and the relevant responsible subjects such as legal representatives, actual controllers, and other natural persons have also been included in the "high limit list" by the people's courts. Many people are concerned about whether there are other ways or means to extricate natural persons from the "high limit list" who are not able to fulfill all the obligations specified in the effective legal documents and who are punished by "sitting in tandem" due to their failure to perform. This article introduces, analyzes, and discusses the scope, impact, and relief avenues of the punished person in combination with our practical operations.

Issues related to the tracing of motor vehicle property in enterprise bankruptcy and liquidation cases

In the process of handling enterprise bankruptcy liquidation cases, administrators often encounter the issue of transferring vehicle assets of the bankrupt enterprise or the compulsory liquidation enterprise. Usually, in addition to the above-mentioned enterprises voluntarily handing over vehicle assets to the administrator, the administrator will also go to the vehicle management agency of the local public security organ to inquire about bankruptcy or compulsory liquidation of movable property such as motor vehicles under the name of the enterprise. Especially for those enterprises filed by creditors that apply for debtor bankruptcy or compulsory liquidation, it is more necessary for the administrator to take the initiative to go to the vehicle management office to find out the situation of the motor vehicles under the name of the enterprise.

Lawyer Gao Peng Solves the Urgent Needs of the Enterprise, and the Employees of Zhonghe Ecological Agricultural Technology Co., Ltd. Present a Golden Flag to Thank You

On January 28, 2022, Zhonghe Ecological Agricultural Technology Co., Ltd. (hereinafter referred to as "the Ecological Company") sent a banner with the words "professional and efficient silk peeling and cocoon removing to solve the case, supporting the weak and helping the poor and warming the hearts of the people". The customer expressed their gratitude to the management team of Gaopeng Law Firm for their hard work and service attitude that can put the rights and interests of employees at heart.

Research Team of the Beijing Bankruptcy Administrators Association Conducts Special Research at Gaopeng & Partners

President Xiaowei ZHANG and Vice President Lixin XING of the Beijing Bankruptcy Administrators Association (“the Association”) led the research team to conduct a research visit at Gaopeng & Partners in the morning of December 17, 2020. Senior Partners of Gaopeng & Partners including Yazheng BAI, Chaoyu LI, Jun LI and Zaifeng FAN, and Lawyers such as Liu YANG, Wanya QIU and Fangyong XIAO were present at the symposium.

Gaopeng Law Firm has been successfully selected as a qualified supplier of legal services by the China Academy of Space Technology

Recently, Gaopeng Law Firm was successfully selected as a qualified supplier of legal services by the China Academy of Space Technology (CAST-5).

A number of lawyers of Gao Peng Law Firm were selected as the Business Research Association and Special Committee of Beijing Chaoyang District Lawyers Association

In order to encourage the majority of lawyers to participate in the work of the Chaoyang District Lawyers Association and give full play to the role of various special working committees and professional research associations, in accordance with the Working Rules of the Special Committees and Business Research Associations of the Beijing Chaoyang District Lawyers Association and the Measures for the Election of the Director and Deputy Director of the Fourth Beijing Chaoyang District Lawyers Association, after democratic recommendation, qualification review, merit-based election and other procedures, the Chaoyang District Lawyers Association recently selected and elected 20 special working committees and 24 professional research associations as members, deputy directors and directors. Many partners and lawyers of Gaopeng were successfully elected with rich practice experience.

Mr. Gao Peng represented the labor dispute arbitration case of the subsidiary enterprise of Aerospace Group and won a great victory

Recently, the legal team of Wang Mingtao of Gaopeng Law Firm represented two complex labor dispute arbitration cases between a unit of China Aerospace Group and former employees Dong Moumou and Gong Moumou won a complete victory.

Think about what the employees are thinking, think about what the employees are worried about. The employees of the bankrupt enterprise are grateful for the banner table sent by Gao Peng

In September 2020,after being appointed as the bankruptcy administrator of Beijing Aerospace Keqiang Technology Development Co.,Ltd.(hereinafter referred to as"Aerospace Keqiang"),Gaopeng Institute has done a lot of work to actively solve the problems of migrant workers,employees'living difficulties,and unpaid wages.On the one hand,actively pursue the external claims of bankrupt enterprises,and on the other hand,after approval by the creditors'meeting,enable the enterprise to continue operating,continue to complete outstanding projects,and pursue the collection of project progress payments.

The Youkang bankruptcy reorganization case undertaken by Gaopeng was successfully selected as one of the top ten outstanding performance cases of Zhejiang Bankruptcy Administrators Association in 2020

On the morning of May 30,2021,the on-site review meeting of the top ten outstanding performance cases of bankruptcy administrators in Zhejiang Province in 2020 was successfully held in Hangzhou.

The Youkang bankruptcy reorganization case undertaken by Gaopeng was selected as one of the top ten typical bankruptcy cases in Zhejiang court in 2020

On March 17,2021,the Higher People's Court of Zhejiang Province released the 2020 bankruptcy trial work report of Zhejiang courts and the top ten typical cases.The case of merger,bankruptcy,and reorganization of ten enterprises of the Youkang family,jointly managed by Beijing Gaopeng Law Firm,Beijing Gaopeng(Hangzhou)Law Firm,Zhejiang Zhejing Law Firm,and Dahua Certified Public Accountants(special general partnership)Zhejiang Wanbang Branch,was selected as one of the top ten typical bankruptcy cases in the Zhejiang court in 2020.

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