| In recent years,with global overcapacity,China’s economy is also facing major challenges affected by the global economic environment.The economic recession even exercises the leverage ratio of Chinese enterprises is high,the debt burden is getting heavier and heavier,and the operation of the company is therefore difficult.Especially as the leading force of the national economy and the socialist economy important pillar of state-owned enterprises overall debt because have government background is easier to get loans from Banks and other third party financial institutions to further expand the operation scale,the bad consequences of some state-owned enterprises is too large,debt ratio is too high,and old business model,and makes many enterprises in the debt crisis or financial difficulties.For enterprises whose serious insolvency cannot rely on their own strength to complete self-rescue through internal rectification,the interests of relevant parties can be protected through bankruptcy liquidation and bankruptcy restructuring.Henan Construction Group,with a variety of valuable construction qualifications,After the construction Group enters the restructuring process,There are still a large number of affiliated construction projects under construction,Involving construction parties,contractors,subcontractors,actual construction personnel,suppliers,migrant workers,home buyers and many other interest groups,To avoid the shutdown of projects caused by the simple application of the bankruptcy law prohibiting the individual repayment of creditors,Waste of resources,Zhengzhou Intermediate People’s Court guided the manager to create a reserved common benefit debt model,The actual construction person shall have the right to return of unjust enrichment for the attached project funds paid to the account of the construction group before the restructuring,The attached project payment during the restructuring period belongs to the common beneficial debt,In bankruptcy property at any time for liquidation,Successfully solved the problem of affiliated project project payment during the restructuring period,To protect the interests of the actual construction personnel,It reduces the legal risk caused by the failure to timely pay for the future construction projects under construction,The smooth operation of the construction projects under construction has been realized.In addition,in order to improve the repayment rate of ordinary creditor’s rights,two different repayment schemes,short-term one-time repayment(low repayment rate)and long-term debt repayment(high repayment rate),are designed,and give creditors the option to meet the different repayment needs of creditors and protect the legitimate interests of creditors to the maximum extent.During the trial,the collegial panel jointly with the Sas AC of the provincial government jointly held joint meetings of managers,custody group,construction group,legal service team,audit service team and evaluation service team to strengthen the tripartite linkage of "government,hospital and enterprises",seamless connection,and solve various problems and difficulties encountered in a timely and efficient manner.Henan Construction Group selected bankruptcy reorganization to protect the interests of shareholders,creditors and restructuring parties to the greatest extent.It has retained the long-term accumulated brand advantages and platform advantages of the provincial construction group,especially in Henan province,which can give full play to the contributions of employment and tax in the construction industry.On the other hand,it is also to safeguard the interests of the majority of workers,migrant workers.In addition,Henan construction group bankruptcy reorganization as the national province of large construction enterprise restructuring in the first case of its success has important exploration significance,so this paper through the Henan construction group bankruptcy reorganization and its effect,understanding analysis of Henan construction group bankruptcy summary of the positive effect of bankruptcy reorganization experience. |