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No. 9 of Ten Commercial Cases Tried by the People's Courts across the Country in 2020 Published by the Civil Adjudication Tribunal No. 2 of the Supreme People's Court: Case of bankruptcy revival of Tewoo Group Co., Ltd. and 43 other companies
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最高人民法院民二庭发布2020年全国法院十大商事案例之九：天津物产集团有限公司等44家公司破产重整案
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【法宝引证码】
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| No. 9 of Ten Commercial Cases Tried by the People's Courts across the Country in 2020 Published by the Civil Adjudication Tribunal No. 2 of the Supreme People's Court: Case of bankruptcy revival of Tewoo Group Co., Ltd. and 43 other companies | | 最高人民法院民二庭发布2020年全国法院十大商事案例之九：天津物产集团有限公司等44家公司破产重整案 |
| Deepening the mechanism of joint action between governments and courts, comprehensively adopting such various means as out-of-court revival and judicial revival, and realizing revival and rebirth of enterprises | | 深化府院联动机制，综合采用庭外重整、司法重整等多种手段，实现企业重整重生 |
| Brief Case Introduction | | 案情简介 |
| Tewoo Group Co., Ltd. and 43 other companies (hereinafter referred to as “Tewoo Group”) is one of the state-owned production materials circulation groups with the largest operation scale across the country and it mainly engages in bulk commodity trading and logistics, automobile sales and electro-mechanical manufacturing, real estate development and sales, and other business. Affected by its own operation modes and periodic fluctuations in the global bulk commodity market, Tewoo Group was caught in debt risks. Although it attempted to conduct an out-of-court restructuring, it failed. For the purpose of resolving risks in an overall manner, with the approval of the Supreme People's Court, civil and commercial cases (excluding those involving labor disputes) with Tewoo Group as the defendant, a third party or a person subject to enforcement, or the respondent and the corresponding enforcement cases and bankruptcy cases were transferred to the No. 1 Intermediate People's Court of Tianjin Municipality (hereinafter referred to as the “No. 1 IPC of Tianjin”) for jurisdiction. | | 天津物产集团有限公司等44家公司（以下统称物产集团）是全国经营规模最大的国有生产资料流通集团之一，主要经营大宗商品贸易及物流、汽车销售及机电制造、房地产开发及销售等业务。受自身经营模式及全球大宗商品市场周期性波动的影响，物产集团陷入债务风险，虽尝试庭外重组但未成功。为统筹化解风险，经报请最高法院同意，以物产集团为被告、第三人或者被执行人、被申请人的民商事案件（劳动争议除外）及相应的执行案件、破产案件移送天津一中院管辖。 |
| On July 23, 2020, Shaanxi Coal and Chemical Industry International Logistics Co., Ltd. et al. filed an application for bankruptcy revival of Tewoo Group on the ground that Tewoo Group and 43 other companies failed to pay off matured debts and obviously lacked solvency. It was found upon examination that Tewoo Group failed to pay off matured debts and it obviously lacked solvency and it met the requirements for accepting an application for revival as prescribed in the Enterprise Bankruptcy Law. On July 31, the Higher People's Court of Tianjin Municipality (hereinafter referred to as the “HPC of Tianjin”) and the No. 2 Intermediate People's Court of Tianjin Municipality (hereinafter referred to as the “No. 2 IPC of Tianjin”) separately accepted the cases of bankruptcy revival of Tewoo Group and 43 other companies. The accepting courts designated the liquidation group of Tewoo Group to serve as the bankruptcy administrator, issued notices and announcements, and allowed debtors to submit creditor's rights materials over the Internet; sent letters to the courts in all regions to suspend the enforcement procedures and lift the property preservation measures; allowed Tewoo Group to continue operation and administrate its property and business affairs under the supervision of the bankruptcy administrator and maintain its daily operation and stability of employees during the period of revival. | | 2020年7月23日，陕西煤业化工国际物流有限责任公司等以天津物产集团有限公司等44家公司不能清偿到期债务且明显缺乏清偿能力为由，申请物产集团破产重整。经审查，物产集团公司不能清偿到期债务且明显缺乏清偿能力，符合破产法规定的重整受理条件。7月31日，天津高院、天津二中院分别受理天津物产集团有限公司等44家公司破产重整案。受理法院指定物产集团清算组担任管理人，发布通知和公告，允许债权人通过互联网提交债权材料。发函要求各地法院中止执行程序并解除财产保全措施。准许物产集团继续营业并在管理人监督下自行管理财产和营业事务，维持重整期间公司日常经营和职工稳定。 |
| During the period of revival, the bankruptcy administrator's meeting was held for three times in total. Members of the collegial bench attended such meetings and raised judicial opinions on duties of the bankruptcy administrator, internal affairs management system, storage and use of enterprises' official seals, examination of creditor's rights, continuous operation, procedures of the bankruptcy administrator's meeting, and preparation of revival plans; guided the bankruptcy administrator in determining almost 1,000 cases subject to continuous performance; and fully learned and urged the selection of strategic investors, supervised the bankruptcy administrator intensifying operation management, and prepared a draft of the revival plan. | | 重整期间，共召开三次管理人会议，合议庭成员列席参加，并对管理人职责、内部事务管理制度、企业公章保管和使用、债权审查、继续营业、债权人会议程序、重整方案编制等提出司法意见。指导管理人确定继续履行的合同近千件。充分了解并督促战略投资人遴选，监督管理人加强营业管理，制作重整计划草案。 |
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