Under normal circumstances, the business of Changda financing guarantee platform is completely operated by Lao Chang himself, Guan Yuntian never asked, did not participate, but Tianyuan Company's guarantee of 700 million yuan, for a private financial institution, the amount is too large, even if there is Song Deputy County Magistrate to make a recommendation, in the specific operation process, Lao Chang still meticulously did on-site inspection and financial statement analysis of Tianyuan Company, and did not see any flaws at that time. Despite this, Lao Chang was still very cautious, he asked Guan Yuntian to help check the gates, and after obtaining the consent of the chairman of the group company, he finally decided to guarantee Tianyuan Company.

Changda financing guarantee company was established five or six years ago, under the careful control of Chang, there has not been a bad debt, in the face of the sudden change of Tianyuan company, Chang is indeed a little caught off guard, after knowing the news, Guan Yuntian is also very surprised, but, after all, he has been in the workplace for many years, experienced in a hundred battles, well-informed, after a short analysis, he believes that he should firmly grasp the anti-guarantee procedures of Tianyuan company to make a fuss.

At that time, due to the face of Deputy County Magistrate Song, after conducting a necessary investigation of Tianyuan's operation and financial situation, Lao Chang and Guan Yuntian both believed that the guarantee conditions were met, and agreed to provide a guarantee for him, but Guan Yuntian was a very safe person, and before notifying the other party, he suggested that the guarantee must be made by the other party with assets as a counter-guarantee.

"What if Tianyuan doesn't agree to the counter-guarantee?"

"Quite simply, if they don't agree to the counter-guarantee, we won't vouch for them. ”

"Tianyuan Company was introduced by Deputy County Magistrate Song, how do you explain to him?"

"At the beginning of the Changda Group's business, and even a few things later, Deputy County Magistrate Song has provided us with a lot of convenience, and I will never forget his help and support to Changda Group, but those things are two different things from Tianyuan Company's loan guarantee, one yard is one yard, which I believe Deputy County Magistrate Song will understand. ”

After Chang Chang told Tianyuan Company about the counter-guarantee request, although the other party was reluctant, he had to do so in order to obtain the loan guarantee from Changda Financing Guarantee Company.

So far, this counter-guarantee agreement has become the only way for Changda Financing Guarantee Company to deal with the bankruptcy of Tianyuan Company, "Mr. Guan, Tianyuan Company did use their assets to make a counter-guarantee, but in the face of enterprise bankruptcy liquidation, even if there is a counter-guarantee agreement, I am afraid that losses are unavoidable." Chang Chang said worriedly.

"I know that, but make the most of this counter-guarantee agreement to minimize the losses. "Guan Yuntian said.

"What should we do next?"

"I don't know yet. You go back first, and I will communicate with the company's legal counsel immediately, listen to their opinions first, and then make a decision according to the situation. ”

In order to provide a full range of legal protection for Changda Group, Guan Yuntian hired the entire team of the firm as the legal counsel of Changda Group. "Lawyer Zhao, I'm Guan Yuntian, how are you, have you been busy lately?"

"Hello Mr. Guan! Busy or not, there must be something wrong with your call, please tell me." ”

"Let you guess, but I can't tell you on the phone, if you have time, please come to me, I do have something to discuss with you. "Hongfa Law Firm has been in a relationship with Changda Group for many years, and about half of their income comes from Changda Group, so the whole firm has always put the business of Changda Group in the first place, and always calls for something to do.

"Okay, I'll go over now. I don't know what kind of situation is involved? Is it a big deal? Do other lawyers need to be involved?" Mr. Zhao is the main partner of Hongfa Law Firm, and he is responsible for the daily work of the firm.

"It's not a small matter, and I can't tell which lawyer is needed to get involved, so let's talk about it after we meet. ”

Half an hour later, Lawyer Zhao and Guan Yuntian met in the office, "What happened to the company?" asked Lao Zhao when he entered the room.

"You sit down first. Guan Yuntian got up and made a cup of tea, put it in front of Lao Zhao, he sat down opposite, "That's the case, the financing guarantee platform of Changda Group has made a loan guarantee of 700 million yuan for an enterprise, and there is a counter-guarantee agreement with the guaranteed enterprise, and now the company's capital chain is broken and it is in bankruptcy liquidation, how do you think this matter is better handled?"

"What are your principles for dealing with this?"

"Of course, it's about minimizing corporate losses as much as possible. ”

"Well----, Lao Zhao thought for a while, "according to the provisions of the bankruptcy law, the order of bankruptcy liquidation and repayment of debts by enterprises is first of all bankruptcy expenses and common benefit debts. The compensation that shall be paid to employees as stipulated by administrative regulations; the second is the social insurance premiums owed by the bankrupt enterprise other than those specified in the preceding paragraph and the taxes owed by the bankrupt enterprise; and the third is the ordinary bankruptcy creditor's rights. ”

"What is the situation of the bank loan we guarantee for it?" Guan Yuntian said.

"Bank loans are obviously ordinary claims and are the last to be liquidated. ”

"What should we do next?"

"You don't have to do anything except cooperate with the law firm to prepare some materials, just wait and see. Lawyer Zhao said.

"Oh, does it seem easy to you?"

"It's not simple at all, it's just that before the creditor takes action, as a guarantor, you really don't know what to do, so you have to wait and see. Lao Zhao explained.

"So we're in a passive position?"

"Yes, because you can't take the initiative. According to Article 17 of the Guarantee Law, if the parties agree in the guarantee contract that if the debtor fails to perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee, and needless to say, Changda Financing Guarantee Company bears the general guarantee liability. The guarantor of a general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated and the debtor's property is still unable to perform its obligations in accordance with the law. Lawyer Zhao used the language of relevant laws to continue to solve doubts.

"I heard it clearly, that is, until the debts of the creditor bank and Tianyuan Company have not been tried or arbitrated by the court, we can stand still. "Guan Yuntian said.

"That's right, from the perspective of the bankruptcy liquidation process, this is almost the last procedure, first to keep enough bankruptcy expenses and common debts, but also to complete the back of wages, pay off various insurance premiums and taxes, etc., before it is the turn of the ordinary bankruptcy claims to be executed. At this stage, the creditor bank should first require the Tianyuan company to perform its debts and repay the loan, and only when the remaining bankruptcy estate of Tianyuan Company is insufficient to repay the bank loan, the creditor bank can require Changda Financing Guarantee Company to assume the guarantee liability. This process can be said to be very long, or it can be short, depending on the efficiency of the bankruptcy liquidation team. ”

"Lawyer Zhao, there is a counter-guarantee agreement between Changda Financing Guarantee Company and Tianyuan Company, how much effect can this agreement have in this matter?" Guan Yuntian said.

For example, in the final stage of bankruptcy liquidation, the creditor bank filed a lawsuit with the court, and the court ruled that even if all the remaining assets of Tianyuan Company were auctioned, it was not enough to repay the bank loan, and the creditor bank would let Changda Financing Guarantee Company repay the loan for Tianyuan Company, and after repaying the bank loan for Tianyuan Company, Changda Financing Guarantee Company became a creditor of Tianyuan Company and could collect debts from Tianyuan Company according to the counter-guarantee agreement. However, Tianyuan Company has completed bankruptcy liquidation and has nothing, even if Changda Financing Guarantee Company becomes a creditor, what is the use?" said Zhao.

After some analysis by lawyer Zhao, Guan Yuntian has a general judgment on the direction of this matter. In the period that followed, he used various social connections to inquire about the bankruptcy and liquidation of Tianyuan Company.

Guan Yuntian first learned that Tianyuan's creditor bank was Industrial and Commercial Bank of China, that is to say, in the near future, Changda Financing Guarantee Company would definitely have to deal with ICBC.

The president of ICBC Ren and Guan Yuntian can be regarded as old friends, maybe the two have different personalities, and the relationship between them is not very good, but they have always been able to get by on the face, after all, many years ago, because Lao Ren was deeply trapped in the loan of hundreds of millions of dollars from the German-French refinery at that time, it was Guan Yuntian who agreed to Changda Group's shareholding in the German-French refinery, so that Lao Ren retreated from there, otherwise, Lao Ren's career may have come to an end at that time because of the involvement of that incident.

Thinking of this, Guan Yuntian decided to go to ICBC to visit the president. He brought two catties of fine tea and two excellent "Yellow Crane Tower" cigarettes to the office of President Ren on the east side of the third floor of the ICBC building.

"Mr. Guan, why did you think of coming to my door today?" Seeing Guan Yuntian push the door into the house, Lao Ren was a little surprised.

Guan Yuntian put the things he brought on the floor in the corner, "I haven't seen you for a long time, I miss you, so I'll come and take a look." ”

"Haven't you been in the provincial capital, when did you come back?" Lao Ren made a cup of tea and put it on the small coffee table next to Guan Yuntian.

"Not to mention, in the past two years, I have been running to the provincial capital a lot, and I have met with the leaders less, I am afraid that my friends will alienate me, I just came back yesterday, and I didn't even have time to deal with other things at work today, so I came to report to you first. "If you want to talk about fooling, Guan Yuntian doesn't need to learn.

"Mr. Guan said this, I was flattered!" Lao Ren knew that Guan Yuntian had the best relationship with the leaders of the Agricultural Bank of China and the Rural Commercial Bank, but Changda Group was a gold medal customer of all local financial institutions by virtue of its excellent reputation.

"By the way, do you know the situation of Tianyuan Company?" Guan Yun Tiandao.

Lao Ren suddenly realized, "It turns out that you are looking for me today for the business of Tianyuan Company?"

"Look at what you said, if it weren't for Tianyuan Company, we wouldn't be able to meet?"

"That's not it, I don't think you have any idea when you suddenly mentioned the matter of Tianyuan Company?"

"What do you think? In the past two years, I have been in the provincial capital a lot, and I don't know much about the situation of some of our local enterprises. Guan Yuntian said casually.

"Hey, speaking of this Tianyuan Rubber Company, it's really hard to put into words!" Lao Ren sighed.

"What's wrong with them? Guan Yuntian asked knowingly.

"Maybe you don't know that such a big enterprise at the end of the day has let them dry up! Now it has entered the stage of bankruptcy liquidation. Their boss is really doing evil, harming others and himself!" Lao Ren sighed.

"yes, why did you suddenly go bankrupt?"