The police officers of the Zhengzhou Port District Court cleverly used the "rotation" to resolve the "difficult execution"
Author:Henan Legal Daily Time:2022.06.18
Henan Legal Daily Reporter Wang Xiaolei Lumeng Butterfly Correspondent Wang Huishan
"Is it the Zhengzhou Airport Experimental Zone Court? I have an execution case in you. I now want to pay the money and actively perform it. What is your bank account? I will get the money now." A few days ago, a legal representative of the executive company hurriedly called and took the initiative to ask for the performance of repayment.
The company involves a dispute over the construction contract for construction. After hearing, the Zhengzhou Airport Experimental Zone Court ordered it to pay the applicant to more than 1.1 million yuan in engineering funds, plus liquidated damages and insurance premiums. After the verdict came into effect, the applicant applied to the court for compulsory enforcement because the company refused to fulfill its payment obligations.
After accepting the execution case of the Zhengzhou Airport Experimental Zone Court, he immediately delivered a legal document to the executed company to execute the execution notice and report the property order, etc., and urged him to perform the payment obligations as soon as possible. At the same time, the property survey procedure was launched. Although there are several sets of real estate below, the auction procedures are unable to start the auction procedures because there is no right to dispose of the rights, nor did it find that the other executive company's other property can be executed. execute program.
After the executive police officer gave this situation to the applicant, the applicant said embarrassedly: "You can help think of ways, the executed person does not give the money, the salary of our owners does not settle, and I can’t get it out of so much money. ! ""
Considering that there is no property in the name of the executive company to execute, and the applicant urgently needs funds to solve the problem of wages of the workers, the executive police officer explained to the applicant the relevant laws and regulations of the implementation of the transfer of bankruptcy, and the applicant was suggested that the applicant implemented its own creditor's rights through the execution of the transitional procedure.
Later, the applicant submitted an application for the execution of the execution company to execute the transfer of bankruptcy to the Zhengzhou Airport Experimental District Court. The court's review believes that the execution company cannot claim the debt due and lacks the ability to clear the claim. It issued a decision to transfer the bankruptcy review and transfer the relevant materials to the Zhengzhou Intermediate Court for bankruptcy censorship.
After receiving the notice of receiving the bankruptcy case of Zhengzhou Intermediate Court, the execution company was panicked at once, and quickly contacted the Zhengzhou Airport Experimental Zone Court to actively request the performance of repayment. Later, under the alarm of the executive police, the executive company reached a settlement agreement with the applicant, and the applicant withdrew the application for the transfer of bankruptcy. The case was successfully resolved.
In recent years, the Zhengzhou Airport Experimental Zone Court has actively formulated a "zombie enterprise" clean -up countermeasure, promoting the "transfers" work through standardizing, promoting the solution to the difficulty of implementation. While fair protection of the legitimate rights and interests of the creditors and the debtor The side structural reforms help the rule of law business environment continuously optimize and upgrade. ##港
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