According to the rights of the rights of the debtor LED run on the rights of creditors

In the LED industry, the door has run away in the face of the LED enterprise boss It is often seen., run away some phenomenon, we should how to safeguard their legitimate rights and interests? Listen to the following experts answer.

Solution expert:

Zhang Yong master of law in the field of professional services for the company's integrated business, intellectual property, foreign investment

Beijing Dacheng (Shenzhen) law firm partner

Shenzhen Lvxie securities futures Specialized Committee Fund Committee

There is a packaging company (A) owed six hundred thousand yuan in our company, I am the Secretary of the lawsuit, the court ruling I win. After the judgment comes into effect, we apply to the court for enforcement. After that, A companies have been left vacant, no property available for execution, and a number of creditors apply to the court for enforcement of A property company. It is reported that the shareholders of the company A also have set up outside the company, and operating well. At the same time learned that, when A company foot, there is a large amount of money is not recovered. Two years later, the arrears are still not in place, the company has been A industrial and commercial administration authority to revoke the business license, I would like to ask the Secretary of the loan can be implemented in place? Division I met another bad thing, B our company owed about 400000, filed a lawsuit to Division I, in the process of litigation, B company illegally canceled completed, is empty, our shareholders B company can recover?

Reply as follows:

The question raised by your company is very typical, because the relevant laws and regulations of China's personal credit system, enterprise and individual bankruptcy system is not perfect, the law enforcement situation is worrying. When the environment is not good, business difficulties, some business owners will come out of the funds in advance, and then choose the way to run, leaving a large amount of arrears, damage the interests of creditors. In the face of these dishonest, even illegal behavior, whether the creditors have an effective way to deal with, in order to protect their own interests. I can certainly tell you, there is only a very difficult road, it is difficult to walk, in terms of time and in the preparation of evidence materials need a lot of effort.

First, if A company accounts receivable, to take the laissez faire as a way of not, your company can exercise the right of subrogation.

The right of subrogation, that is, the creditor in his own name to exercise the creditor's right to the debtor. According to the "contract law" article seventy-third, "because the debtor is indolent in exercising its due creditor's right, causing damage to the creditor, the creditor may petition the people's court for subrogation, except that the creditor's right exclusively belongs to the obligor. The scope of subrogation is limited to the creditor's right of the obligee. The necessary expenses for the obligee to exercise the right of subrogation shall be borne by the obligor. "Obviously, the exercise of subrogation shall meet the following conditions: (a) the creditor's rights of the debtor's legal; (two) the obligor has expired; (three) the debtor is indolent in exercising its due creditor's right, causing damage to the creditors; (four) the obligor is not exclusive to the obligor of creditor's rights. In this case, if you know the situation of A company's external accounts receivable, and there is evidence in the case of materials, it can be filed subrogation litigation.

Two, if A company to give up the debtor's creditor's rights or instructions to the debtor will be the amount of money into the third party company, you can exercise the right of revocation.

In practice, does not exclude the debtor to evade the debt, the same group of debtor take false claims exempt secondary debtor to evade debt, and the debtor or the debtor will communicate instructions into the third party company to evade the debt payments directly to the hands of the debtor, creditors are risk of execution. The law is a regulation of the situation, according to the seventy-fourth "obligor renounces its due creditor's right or the free transfer of property, causing damage to the creditor, the creditor may request the people's court to revoke the obligor's act. Where the obligor transfers the property at an unreasonably low price, thereby causing damage to the obligee, and the assignee knows the situation, the obligee may request the people's court to revoke the obligor's act. The scope of the exercise of the right of revocation shall be limited to the creditor's right of the obligee. The necessary expenses for the obligee to exercise the right of revocation shall be borne by the obligor. "We can see that if the debtor has given up its due creditor's rights, the creditor may bring up the right of revocation.

If the debtor debtor instruction will amount into the third party company, the creditor may apply to the court for assistance in the implementation of the third party company, if the third party company raised the amount of the gift or other economic disputes, the creditor may bring the right of revocation litigation. At the same time, according to the provisions of article seventy-fifth, the right of revocation shall be exercised within one year from the date when the creditor knows or ought to know the reasons for cancellation. Where the right of revocation has not been exercised within five years from the date of the occurrence of the obligor's act, the right to cancel shall be extinguished. Therefore, if the creditors know the reasons for revocation, we must seize the time to withdraw the right to sue. Readers friends will be very confused, it is difficult as a creditor, can not get the debtor's financial information, there is no way to know the debtor's external accounts receivable. According to the "Civil Procedure Law" provisions of article 241st, the debtor fails to perform notice to fulfill the obligations specified in the legal document, and shall report the current implementation of the notice on the property received a year ago. If the person subjected to execution refuses to report or falsely reports, the people's court may, according to the seriousness of the circumstances, be the main person in charge of the person subjected to execution or its legal representative or the relevant entity