China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Debtor in China’s First Personal Bankruptcy Case Concludes Bankruptcy Proceedings

Mon, 18 Sep 2023
Categories: China Legal Trends

On 20 June 2023, the Shenzhen Bankruptcy Tribunal of the Shenzhen Intermediate People’s Court (hereinafter the “Shenzhen Court”) served a civil ruling to Liang Wenjin, the debtor in China’s first domestic personal bankruptcy case, declaring the case concluded and his outstanding debts discharged.

Liang, the applicant in China’s first personal bankruptcy case, has gained a financial chance of rebirth.

On 10 Mar. 2021, Liang filed a personal bankruptcy application with the Shenzhen Court.

In July 2021, the Shenzhen Court served Liang with a ruling that, according to the reorganization plan that came into effect under the Court’s ruling, Liang should pay off the principal of his debts within three years and need not pay interest. If Liang failed to comply with the reorganization plan, the creditors were entitled to recover all outstanding principal and interest on his borrowings.

In mid-April 2023, the 21st month of the reorganization plan’s implementation, the debtor finally paid off the principal of all claims, which was 15 months ahead of the plan’s requirements. Subsequently, the debtor applied to the Court for a discharge of the remaining outstanding debts, which was granted by the Court’s decision.

 

 

Photo by tommao wang on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Releases IP Guiding Cases

In December 2023, China’s Supreme People's Court issued its 39th batch of guiding cases focused on intellectual property rights, covering various aspects such as IPR infringement disputes, patent ownership, and copyright ownership.

SPC Releases Judicial Interpretation on Contract Law

In December 2023, China's Supreme People's Court issued a judicial interpretation on the Contract section of the Civil Code, aimed at guiding courts in adjudicating disputes and ensuring nationwide consistency in application.

China Introduces New Drunk Driving Convictions Standards Effective 2023

In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.