On May 29, the bankruptcy case of Shenzhen Laikun Co., Ltd., which was led by Yang Oran, the former chairman of Hubei Financial Services Co., Ltd., was opened. Pen ~ fun ~ pavilion www.biquge.info

Summer is one of the creditors who should participate. In addition, because of the 3.1 million yuan invested in the Xiaochandao project by Hubei Financial Services Society, 200,000 yuan was transferred to the account of Laikun Company, and Hubei Sub-branch also declared its creditor's rights to the bankruptcy court according to Wang Xianyao's request. Therefore, the summer court appearance can be said to be a balance between public and private.

After going to work in the morning, Xia called Ren Erwei to drive him to the bankruptcy court of the Intermediate People's Court on Hongling Middle Road to attend the second creditors' meeting.

In the summer, I entered the gate of the Intermediate People's Court, went to the fourth floor to meet the judicial officer, and was told that I was in the conference room on the fifth floor.

In the aisle, a girl no more than thirty years old was huddled in a chair as if she were swinging, her legs lifted to a bench as high as her buttocks, and her head buried between her thighs. There were a lot of people dressed in black around her, as if to protect her from others.

Xia walked into the conference room, saw that it was still early, opened the briefcase casually, took out the relevant materials of the last court session and looked at it, one of which was the "Civil Ruling":

Shenzhen Intermediate People's Court of Guangzhou Province

Civil rulings

(1996) Shen Zhong Fa Jing Zi No. 1065

Applicant: Shenzhen Laikun Co., Ltd.

Residence: Room 613, Huakai Building, Sungang Road, Shenzhen.

Legal representative: Yang Feiyan, manager.

The applicant, Shenzhen Laikun Co., Ltd., applied to this court for bankruptcy and repayment of debts on the grounds that it could not pay off its due debts, and this court formed a collegial panel to hear the case in accordance with the law.

It was ascertained that Shenzhen Laikun Co., Ltd. was a private enterprise jointly invested and established by Yang Feiyan, a resident of Shenzhen, and Xie Guicheng, which was registered and established by the Municipal Administration for Industry and Commerce on August 18, 1993, and has independent legal personality. After the establishment of the company, the operating conditions were poor, especially the investment in real estate beyond the scope of business, and the development project was identified as an illegal construction by the relevant departments, resulting in major losses, the invested funds could not be recovered, the inability to pay off the due debts of more than 3 million yuan, and the existing assets were less than 2 million yuan.

The court held that the applicant's poor management and inability to pay off the debts due were in a continuous state, and met the conditions for bankruptcy, and in accordance with Articles 3 and 45 of the Regulations on Enterprise Bankruptcy of the Shenzhen Special Economic Zone, it ruled as follows:

1. Declare Shenzhen Laikun Co., Ltd. bankrupt and repay debts;

2. The court shall appoint a liquidation group to take over the bankrupt enterprise.

This ruling is final.

Presiding Judge: Zhou Xiaohua

Judge: Zhang Zhongting

Judge: Cai Xiaohuan

Shenzhen Intermediate People's Court of Guangzhou Province (India)

11 September 1996

Clerk: Zeng Boping

Then, Summer took a look at the claim declaration he had written:

Explanation on the declaration of principal and interest of the purchase price

Bankruptcy Division of the Municipal Intermediate People's Court:

In August 1994, I signed a contract with Shenzhen Laikun Co., Ltd. to purchase a set of 503 rooms in the "Qingshuihe New Village Tongjian Building" and paid a down payment of 91,800 yuan. A total of 778 days elapsed from 16 August 1994 to 4 October 1996. Based on the RMB fixed deposit interest rate (two-year) of 11.7% for the same period, the interest is 23,212 yuan, and the total principal and interest of the debt is 115012 yuan.

The interest calculation formula is: 91,800×778 days÷ 30 days× 11.7%÷ 12 months = 23,212 yuan.

It is hereby clarified.

Creditor: Xia Tian

5 October 1996

In the summer, he opened a "Letter of Commitment" signed by Yang Oran, which was when he saw that there was a problem with the construction of the house, and found Yang Oran, the chairman of the Hubei Financial Services Society at that time and the father of Yang Feiyan, who was also the legal representative of Laikun Company, and Li Xiaoguo, the actual operator of Shenzhen Laikun Co., Ltd., to ask for the check-out payment, and asked Li Xiaoguo to write it on a piece of paper torn from the soft leather copy. The full text is as follows:

Letter of Commitment for Refund of Funds for Housing Construction

In the summer, two comrades, Bu Ming, purchased a set of Qingshuihe residences from our company, and a total of 10,000 yuan has been paid. Due to the change of the situation, there is no hope of building a house, our company promised to strive for a refund of 10,000 yuan at the end of June, and the balance will be refunded before August 15.

According to this.

Shenzhen Laikun Co., Ltd

95, 6, 21, Li Xiaoguo.

Circumstantial witnesses: Yang Oran, 6, 21.

At ten o'clock in the morning, two judges, one named Zhang Zhongting and the other named Cai Xiaohuan, and the clerk Zeng Boping came to the conference room. Let me ask Yang Feiyan, the legal representative of Laikun Company, there is nothing wrong with your spirit, right?"

The girl named Yang Feiyan was originally lying on the table, and when she heard the judge's question, she raised her head and shook it.

Zhang Zhongting said: "It's good if there is no problem. Then he asked, "Did you bring all the black clothes outside?"

Yang Feiyan said: "I was worried that I wouldn't be able to support it, so I came to see me. ”

Zhang Zhongting then said to everyone: "The court is now open. This is the second trial of this case, and after the last trial, after more than half a year of hard work, the comrades of the liquidation team have recovered more than 300,000 yuan, and after deducting some expenses, they have apportioned about 5.5 percent of the bankruptcy loss rate with more than 3 million yuan of creditor's rights. Why is this so? Now let's ask Shen Zhi, the head of the liquidation team and a lawyer from Shenzhen Bangwa Law Firm, to tell you!"

Shen Zhi said: "After we received the liquidation task from the Intermediate People's Court, we can say that we attached great importance to it, and immediately took over the company's office in Huakai Building, immediately cleaned up the accounts, and visited the debtor according to the clues. The debtors of this company mainly include more than 1.1 million yuan from Qingshuihe Company, 50,000 yuan from Nanshan Lili Kindergarten, and more than 200,000 yuan for other business transactions and business trips receivable. We went to the Qingshuihe Company and found the company's leaders, and they said, 'He still owes us money, don't you believe it, look at our account, it's also hanging.' And that's what they came up with. Later, we went to Lili Kindergarten in Nanshan, and we drove there in the court's car. It is a private kindergarten, and the director is a little girl who is less than twenty years old. I had never seen a police car coming, she was wearing a dress, and as soon as we walked into her house, before we could speak, her legs would not obey, and her mouth would not be good. I'm a doctor of law, and I've been studying for a few years, and I've heard stories about how scared people get out of urine. However, we were unlucky at the time, and we saw a scene of the female principal in a skirt scaring her urine falling straight down. When we explained the intention: there is 50,000 yuan, which belongs to our creditors, and we must get it back and distribute it as soon as possible. The girl made up her mind and said, 'I don't have any money, but I will borrow it in the evening, and I may not be able to make it all together, so I will do my best.' The next day, she sent thirty-five thousand, and said again and again that there was no way. However, we were still encouraged by her, and chased more than 20 retail investors one by one, day by day, and got back more than 300,000 yuan in half a year. That's it. ”

Zhang Zhongting said: "Now listen to the views of creditors. ”

At this time, a small trader-like man said: "I sell seafood, and I blame this President Yang of the Individual Labor Association, this guy is a liar, and he told me that his daughter is engaged in real estate, and the price outside the customs is enjoyed, and the border guard does not need a border permit to enter and exit the customs, so she digs a hole in the barbed wire, which is very convenient." I listened to his words and thought it was good, so I gave 150,000 yuan of my savings I had earned in Shenzhen for more than ten years to his daughter's company. You see, how much can you pay back? If you can get back 8,000 yuan, in Shenzhen, you don't have to spend so much money to buy his daughter as a little wife! ”

At this time, Yang Feiyan's eyes were red and she was crying.

Seeing this, one of the participants next to him sighed to himself:

Crying for his father and mother with tears in his face, he is ruthless in his life;

Greed for wealth dies first, and silkworms die early for silk.

Hugh will be ignorant of his heart, and don't put people and wealth in his own pockets;

Millions were gathered in vain during his lifetime, and he was infamous after death.

At this time, someone asked: "Yang Feiyan, how did you spend more than 3 million yuan from creditors?"

Yang Feiyan said: "I don't have anything to manage the company's operation,......

Before the man could finish speaking, he asked, "You are the legal representative, no matter what business matters, who is in charge?"

Yang Feiyan wanted to cry, but she still held back and said, "It was my father who was in charge at the time. ”

Someone asked, "Where is your dad now?"

Yang Feiyan wiped a handful of tears and said, "My father just died, hmm, hmm, hmm......" She finally cried.

At this time, some people were surprised and said: "A few months ago, I saw on TV that he was a delegate to the city's meetings and talked endlessly about the development of Shenzhen's individual economy.

Yang Feiyan said: "Please don't insult my father, everyone has passed away." ”

Another person said, "Insult, you can give me money to spend, I'll insult you as you like." Let me strip my pants and let you spank me!"

At this time, Zhang Zhongting said: "We understand that the creditors are angry, but we still need to see how to deal with this matter." Let's talk about it. ”

At this time, Xia said: "I am the representative of the Hubei branch, and we did not know Yang Feiyan, the legal representative of the company, before the company filed for bankruptcy. Hu N is the location of Tao Yuanming's Peach Blossom Spring, and he said in the Peach Blossom Spring: 'I only know that there is a Han, not a Jin and Wei Dynasty', which seems to be very appropriate to borrow this sentence to describe the situation where our creditors are deceived and deceived. At that time, Yang may have vigorously promoted the four houses to the Hubei Financial Services Society, asking the service agency to buy two of them as staff dormitories. At the beginning, the money that our service agency was defrauded by Yang Oran was far more than these three 400,000 yuan, but more than 3 million yuan, and the methods were all on the accounts of the company he could control. Now that the money is in hand, the man is dead, and it seems that the account is gone. ”

Another young man continued: "I am a driver who has just come to Shenzhen to drive for the leader of the unit, and my leader is a comrade-in-arms of Yang Oran, and under his trick, I borrowed 100,000 yuan from my hometown to Yang Oran. I regret it now. The first lesson I learned when I came to Shenzhen was that I was deceived into 'seeing poverty before seeing wealth'. Even the money to buy pants was cheated out of Yang Oran, a short-lived ghost. Fortunately, the unit has a uniform hair, otherwise, I would be so poor today that I don't dare to come to the court without pants to wear. ”

Another creditor asked Shen Zhifa of the liquidation team: "Lawyer Shen, the name of your company's signboard seems to be good, what is 'help wow!help wow!', no wonder the court will look for you." However, if you go down to 1 million, you will help you back 50,000 yuan, which is a bit of a disservice!"

Shen Zhi blushed and hurriedly said: "No, we are still very serious! However, there is a sentence that everyone may understand: it is difficult for a good woman to cook without rice." Sometimes we can't help it!"

At this time, another creditor said: "The liquidation group cannot be an accomplice of others to legally avoid debts." This company's debt of more than 3 million yuan has been spent in a short period of time, and how the money is spent, whether it is legal, whether it is reasonable, and whether it is unreasonable? If there are signs of transferring assets to the relevant personnel of their company, they should ask the court to take measures, including criminal measures. This is the real 'help wow, help wow'! Only in this way can we safeguard social fairness and justice. ”

After he finished speaking, many creditors echoed in unison: "Yes! Yes!

Xia thought: For Yang Oran's children, Yang Oran's death is indeed a good death. Because he died, the bank loans or investment funds of tens of millions of yuan that he had obtained for the several shell companies hanging under his children's names were gone, and it seemed that it could only be blown away. This is also the reason why he is vying to be the legal representative of Hubei Financial Services Society.

Thinking of this, Xia said to Zhang Zhongting in the dual capacity of the bank and his personal creditor: "I see if it can be like this: the money recovered will now be distributed as a phased first." But the case can't be closed, and the work still has to be done, because the big money has not been recovered. Wait for a later reclaim to be redistributed. ”

Zhang Zhongting said: "This suggestion can be considered, which is very good. ”

Seven years later, in 2005, the Shenzhen Intermediate People's Court recovered millions of yuan for the second distribution of creditors -- this is a later story.

However, he said that after returning to the branch that summer, he recalled the toss and turns of Yang Oran he saw in the past few years, and thought about the creditor's opinion of Yang Oran, and couldn't help but feel a sigh of emotion.

In this way, Yang Oran pretended to be the chairman of the Hubei Financial Services Society, and relied on a "cooperation agreement" to defraud 200,000 yuan of the 3.1 million yuan, and when Laikun Company went bankrupt, he participated in the bankruptcy distribution with other creditors and recovered 11,782.84 yuan. On June 6, 1997, the Shenzhen Intermediate People's Court issued a Civil Judgment on the 2.9 million yuan transferred to another company of which his daughter Yang Feiyan was a legal person, and the Intermediate People's Court pointed out in the judgment that "...... However, none of the three defendants made capital contributions as agreed in the agreement, and the cooperation agreement could not be performed. …… This court held that the plaintiff was a professional financial institution and should not directly participate in industrial investment, and the cooperation agreement signed between the plaintiff and the three defendants should be confirmed as invalid in accordance with the law. The plaintiff's claim is reasonable, and this court should support it. The third defendant (Yang Feiyan's named company) should return to the plaintiff the capital contribution of 2.9 million yuan received from the plaintiff and the interest (calculated at 4/10,000 per day) during the occupation period. ……”

The case was decided by the court, but the private company run by Mr. Yang and named by his nervous daughter had already taken out tens of millions of yuan in loans from several banks. The company's registered address is in a hotel on Wenjin South Road, and it can be said that the company has no long things. With the sudden death of Yang Oran, the loans of these banks, together with the 3.1 million yuan investment of the Hubei branch and its interest, have really been lost.

Looking at officials, when there was no civil service system in Shenzhen, Yang Oran was a national cadre after all, and in his own words, he was also a petty official who was not a sesame official, which can be described as a battle-hardened official. I don't know if it was a chance or a coincidence, he actually let him invest 3 million yuan in the name of a company to Hubei Financial Services Society, and became a shareholder and then one of the directors. Then, after several tosses, he became the chairman of the financial services cooperative. Subsequently, he racked his brains and launched a wave of personnel battles for power and profit, the purpose of which was to collect money. As for how he used his means to achieve his personal goals, Xiao has already told a rough idea of the previous story, and you will understand it after a little integration.

Yang Heran, the former chairman of the board of directors of the Hubei Financial Services Society, who used to work for the Municipal Bureau of Industry and Commerce, defrauded the Hubei Financial Services Society of 3.1 million yuan in "investment funds" in the name of supplying stones to Hong Kong's Chek Lap Kok Airport, which is under construction. At the same time, it is an indisputable fact that he used his daughter's shell company to borrow nearly 10 million yuan from several banks, and then died, resulting in the bank's loss.

Precisely:

The officialdom has been trained in the furnace, and people have added to the tricks of wealth and death;

Public, private, commercial and agricultural money are all needed, and the money is in hand to see Lao Yan. (To be continued.) )