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Chongqing Clothing Business Owners Are Not Good Enough To Go Bankrupt And Fail To Play.
< p > Nanping, a a href= "http:// www.91se91.com/news/index_c.asp" > clothing company /a > because of poor management, the boss declared bankruptcy herself, not only dissolving the company, but also playing the missing person. This allows many suppliers and dealers to get into trouble. They take the signed agreements to collect debts, but they are faced with deserted houses. < /p >
< p > according to the provisions of < a href= http:// www.91se91.com/news/index_c.asp > bankruptcy law < /a >, bankruptcy of company must be strictly controlled by law, not has the final say of the boss, otherwise it will not have any legal meaning. < /p >
< p > yesterday afternoon, the reporter came to the 9 floor of an office building in Nanping, a office called Chongqing Shi Fei Clothing Co., Ltd. opened the office door, a sofa was lying at the door, and a glass door was broken. The desks and chairs in the office were in a mess, and the office papers were scattered everywhere. There are more than 20 men and women in the house. < /p >
In July 1st P, the boss suddenly declared bankruptcy and fired all employees. More than 20 businessmen who heard the news came home to discuss their respective arrears, but found that the boss's phone had been shut down. < /p >
< p > < strong > without any sign, the company suddenly declares bankruptcy. < /strong > /p >
< p > "last week, the company was good. How could it suddenly become like this?" In the office, Mr. Xie, deputy general manager of the company, said that on the 1 day, he was on a business trip to Sichuan's neighboring waters, and discussed business with a processing company. Around two o'clock in the afternoon, my colleague suddenly called to say that the company was bankrupt and all the employees were dismissed. < /p >
Why did P know why he didn't know anything about himself before he went bankrupt? At 6 p.m. that afternoon, he hurried back to the company to learn that the boss assistant had convened more than 20 employees and announced the decision of the boss: the company was already powerless to operate, only bankrupt and disbanded. The wages of employees were then settled. < /p >
< p > Mr. Xie said that he had applied for a href= "http:// www.91se91.com/news/index_c.asp" > Shi Fei < /a > for more than two years and has been in charge of processing projects. I didn't hear that the boss was going to dissolve the company. "He declared bankruptcy without warning." < /p >
< p > < strong > human evaporation. Boss mobile phone has been turned off. < /strong > /p >
< p > according to the enterprise legal person business license of Shi Fei clothing company, the legal representative is Liu Mou, the company was established in March 2009, the main business scope is selling clothing, the registered capital is 500 thousand yuan. < /p >
< p > yesterday afternoon, the reporter tried to contact the company's legal person Liu, but the phone has been shut down. < /p >
< p > then, the reporter contacted the assistant assistant, who announced the boss's decision. She replied that on the afternoon of 1, she also received a message from Liu Dun Ge. Liu asked her to dissolve the company and issue staff salaries. "I called my boss right away, but I had to turn off the machine and follow the instructions." < /p >
Mr. P, head of office building security, said, on the morning of 2, he found that the door of the company was open and the glass door was broken. At that time, he contacted Liu, but the phone was switched off. I did not expect businessmen to come to the house on the second day, saying that they were seeking repayment of the goods they owed. "The lease contract between Shi Fei and the property owner has not yet expired, but now it can not get in touch with the boss of the company". < /p >
< p > < strong > more than 20 merchants were in distress and owed less than /strong > /p >
< p > yesterday afternoon, the more than 20 businessmen in charge of the news came to Shi Fei company, including Fengjie, Qijiang and even Hubei Xianfeng distributors, and Bishan, Nanping's processors and suppliers. < /p >
< p > "on July 1st, I was called by a company employee to say that the company was bankrupt." Lee, a dealer in Yunyang, said she had worked with Shi Fei for two years, each time a cash transaction. "But every year, after refund of unsold goods, Shi Fei is in arrears with the repayment of the balance, which owed me 93 thousand yuan in two years." < /p >
Ms. P, distributor of Fengjie, also has no refund on the balance of the goods. A supplementary agreement she showed showed that Shi Fei returned 106 thousand and 688 yuan in early July of this year, and the money was awarded to Liu. < /p >
Less than P, Mr. Xu, the supplier, supplied the source of fur to Shi Fei company. The reporter found that in his contract book, the company should pay 2 million 300 thousand yuan at the end of May this year. < /p >
< p > "the contract signed in August last year is still in arrears." He said that in May this year, Liu was urged to repay the loan. The other Party promised to pay half of it by the end of June, and the rest of October should be paid in late October. Now he has a contract, and he doesn't know what to do. < /p >
< p > "signed a supplementary agreement in black and white, which knows that it is IOUs." Some businessmen who were in arrears of payment said that after the incident, Liu's phone had been shut down. They had reported to the police station, but because of a civil dispute, the police could not file the case. If you go to court to prosecute, but each person is a loss of 10000 yuan, litigation costs are several thousand. Due to fear that Liu himself could not be found, the cost of litigation should be punished. Now, in addition to waiting in the company, I do not know how to recover the loss. < /p >
< p > according to Mr. Xie, deputy general manager of Sheffield company, according to the statistics of his employees and other employees, the company currently owes tens of thousands of dealers, suppliers, processors and franchisees to nearly ten million yuan, of which less than 20 thousand, and more than 2 million 300 thousand, "this does not include loans from the bank to the bank". < /p >
< p > < strong > lawyer's boss declares bankruptcy has no legal effect. < /strong > /p >
< p > "company bankruptcy is not controlled by the boss." Qiu Shengkui, lawyer of Chongqing Hao Tai law firm, said that bankruptcy of a company must be subject to strict legal procedures. It is only declared bankruptcy that it does not have any legal effect. < /p >
< p > Qiu Shengkui said that the bankrupt company can make reconciliation and rectification to repay debts, resume operations, and also make bankruptcy liquidation and allocate funds. In the liquidation procedure, the company's wages and social security payments should be given priority distribution. < /p >
< p > < strong > weapon: This is an economic contract dispute. The arrears can be brought into action. < /strong > < /p >
< p > lawyer Qiu Shengkui of Chongqing Hao Tai law firm: the merchant is owed money by Shi Fei company, which is an economic contract dispute. If a merchant can find a representative of a company legal person, he may directly claim against him or his party in arrears or make concrete negotiations. If a company refuses to refund the debt, or refuse to come forward, the merchant may bring a civil suit to the court, requiring that his assets and external creditor's rights be preserved and the damaged money recovered. In addition, if a merchant can prove that the company's funds have fled to other shareholders' accounts, he can also sue other shareholders at the same time. < /p >
< p > < strong > remind: pay attention to risk avoidance in trade of goods and services, < /strong > < /p >
< p > Li Xiaoping, President of Chaotianmen textile branch of Yuzhong autonomous laborers Association: there are many credit transactions in the clothing trade industry, which has certain risks. Because the seller and the buyer are from their respective trust to reach an agreement on credit transaction, only by the integrity of both sides, the risk cost will naturally increase. Merchants in the transaction of the best cash transactions, if the other side put forward credit transactions, we must first understand its operating conditions in detail; if the two sides reach an agreement after the extension of repayment, we need to be vigilant, do not trust the other side again, to avoid the final gain. < /p >
< p > according to the provisions of < a href= http:// www.91se91.com/news/index_c.asp > bankruptcy law < /a >, bankruptcy of company must be strictly controlled by law, not has the final say of the boss, otherwise it will not have any legal meaning. < /p >
< p > yesterday afternoon, the reporter came to the 9 floor of an office building in Nanping, a office called Chongqing Shi Fei Clothing Co., Ltd. opened the office door, a sofa was lying at the door, and a glass door was broken. The desks and chairs in the office were in a mess, and the office papers were scattered everywhere. There are more than 20 men and women in the house. < /p >
In July 1st P, the boss suddenly declared bankruptcy and fired all employees. More than 20 businessmen who heard the news came home to discuss their respective arrears, but found that the boss's phone had been shut down. < /p >
< p > < strong > without any sign, the company suddenly declares bankruptcy. < /strong > /p >
< p > "last week, the company was good. How could it suddenly become like this?" In the office, Mr. Xie, deputy general manager of the company, said that on the 1 day, he was on a business trip to Sichuan's neighboring waters, and discussed business with a processing company. Around two o'clock in the afternoon, my colleague suddenly called to say that the company was bankrupt and all the employees were dismissed. < /p >
Why did P know why he didn't know anything about himself before he went bankrupt? At 6 p.m. that afternoon, he hurried back to the company to learn that the boss assistant had convened more than 20 employees and announced the decision of the boss: the company was already powerless to operate, only bankrupt and disbanded. The wages of employees were then settled. < /p >
< p > Mr. Xie said that he had applied for a href= "http:// www.91se91.com/news/index_c.asp" > Shi Fei < /a > for more than two years and has been in charge of processing projects. I didn't hear that the boss was going to dissolve the company. "He declared bankruptcy without warning." < /p >
< p > < strong > human evaporation. Boss mobile phone has been turned off. < /strong > /p >
< p > according to the enterprise legal person business license of Shi Fei clothing company, the legal representative is Liu Mou, the company was established in March 2009, the main business scope is selling clothing, the registered capital is 500 thousand yuan. < /p >
< p > yesterday afternoon, the reporter tried to contact the company's legal person Liu, but the phone has been shut down. < /p >
< p > then, the reporter contacted the assistant assistant, who announced the boss's decision. She replied that on the afternoon of 1, she also received a message from Liu Dun Ge. Liu asked her to dissolve the company and issue staff salaries. "I called my boss right away, but I had to turn off the machine and follow the instructions." < /p >
Mr. P, head of office building security, said, on the morning of 2, he found that the door of the company was open and the glass door was broken. At that time, he contacted Liu, but the phone was switched off. I did not expect businessmen to come to the house on the second day, saying that they were seeking repayment of the goods they owed. "The lease contract between Shi Fei and the property owner has not yet expired, but now it can not get in touch with the boss of the company". < /p >
< p > < strong > more than 20 merchants were in distress and owed less than /strong > /p >
< p > yesterday afternoon, the more than 20 businessmen in charge of the news came to Shi Fei company, including Fengjie, Qijiang and even Hubei Xianfeng distributors, and Bishan, Nanping's processors and suppliers. < /p >
< p > "on July 1st, I was called by a company employee to say that the company was bankrupt." Lee, a dealer in Yunyang, said she had worked with Shi Fei for two years, each time a cash transaction. "But every year, after refund of unsold goods, Shi Fei is in arrears with the repayment of the balance, which owed me 93 thousand yuan in two years." < /p >
Ms. P, distributor of Fengjie, also has no refund on the balance of the goods. A supplementary agreement she showed showed that Shi Fei returned 106 thousand and 688 yuan in early July of this year, and the money was awarded to Liu. < /p >
Less than P, Mr. Xu, the supplier, supplied the source of fur to Shi Fei company. The reporter found that in his contract book, the company should pay 2 million 300 thousand yuan at the end of May this year. < /p >
< p > "the contract signed in August last year is still in arrears." He said that in May this year, Liu was urged to repay the loan. The other Party promised to pay half of it by the end of June, and the rest of October should be paid in late October. Now he has a contract, and he doesn't know what to do. < /p >
< p > "signed a supplementary agreement in black and white, which knows that it is IOUs." Some businessmen who were in arrears of payment said that after the incident, Liu's phone had been shut down. They had reported to the police station, but because of a civil dispute, the police could not file the case. If you go to court to prosecute, but each person is a loss of 10000 yuan, litigation costs are several thousand. Due to fear that Liu himself could not be found, the cost of litigation should be punished. Now, in addition to waiting in the company, I do not know how to recover the loss. < /p >
< p > according to Mr. Xie, deputy general manager of Sheffield company, according to the statistics of his employees and other employees, the company currently owes tens of thousands of dealers, suppliers, processors and franchisees to nearly ten million yuan, of which less than 20 thousand, and more than 2 million 300 thousand, "this does not include loans from the bank to the bank". < /p >
< p > < strong > lawyer's boss declares bankruptcy has no legal effect. < /strong > /p >
< p > "company bankruptcy is not controlled by the boss." Qiu Shengkui, lawyer of Chongqing Hao Tai law firm, said that bankruptcy of a company must be subject to strict legal procedures. It is only declared bankruptcy that it does not have any legal effect. < /p >
< p > Qiu Shengkui said that the bankrupt company can make reconciliation and rectification to repay debts, resume operations, and also make bankruptcy liquidation and allocate funds. In the liquidation procedure, the company's wages and social security payments should be given priority distribution. < /p >
< p > < strong > weapon: This is an economic contract dispute. The arrears can be brought into action. < /strong > < /p >
< p > lawyer Qiu Shengkui of Chongqing Hao Tai law firm: the merchant is owed money by Shi Fei company, which is an economic contract dispute. If a merchant can find a representative of a company legal person, he may directly claim against him or his party in arrears or make concrete negotiations. If a company refuses to refund the debt, or refuse to come forward, the merchant may bring a civil suit to the court, requiring that his assets and external creditor's rights be preserved and the damaged money recovered. In addition, if a merchant can prove that the company's funds have fled to other shareholders' accounts, he can also sue other shareholders at the same time. < /p >
< p > < strong > remind: pay attention to risk avoidance in trade of goods and services, < /strong > < /p >
< p > Li Xiaoping, President of Chaotianmen textile branch of Yuzhong autonomous laborers Association: there are many credit transactions in the clothing trade industry, which has certain risks. Because the seller and the buyer are from their respective trust to reach an agreement on credit transaction, only by the integrity of both sides, the risk cost will naturally increase. Merchants in the transaction of the best cash transactions, if the other side put forward credit transactions, we must first understand its operating conditions in detail; if the two sides reach an agreement after the extension of repayment, we need to be vigilant, do not trust the other side again, to avoid the final gain. < /p >
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