This story is purely fictional.
1,
Mr. Liu's factory owes the bank 15 million, but it has not been paid off when it expires, and it is auctioned by the bank, but it has been auctioned for two rounds and no one wants it, so the matter has disappeared.
Until one and a half years later, Mr. Liu suddenly received a call, and the other party told him that he only needed to take out 3.5 million to buy his own factories and equipment.
Mr. Liu thought it was a fraud, but the other party claimed that he was from a law firm and invited him to the law firm for an interview to identify the authenticity of his identity.
Mr. Liu's factory buildings and land were able to mortgage 15 million from bank a few years ago, and the total value was definitely greater than 15 million. Therefore, although Mr. Liu suspected that the other party was a liar, he still couldn't resist the temptation and wanted to take a look.
However, he didn't know how to identify the true or false, so he invited me to go with him. After meeting
, I first asked them how they got this asset from the bank?
They say they are the partner unit of an asset disposal company, and Mr. Liu's factory and equipment are a small part of the asset package auctioned by the asset disposal company from the bank.
I asked a friend to verify the authenticity of this news and learned that the asset company had an asset package for auction this time of 2 billion yuan, and the price obtained was 25% off, which is 500 million yuan.
After the asset management company auctions this asset package, it splits the asset package and then adopts different disposal strategies. Among the
.5 billion asset package, 400 million are commercial housing in a third-tier city with complete five certificates. At that time, the price mortgaged to the bank was 30% off for the sales price. In other words, the value of this part of the commercial housing alone is more than 570 million.
"Their income from disposing of this commercial housing is about to cover the purchase cost of 500 million yuan. Therefore, the remaining assets will be sold to you at a 20% discount, and they will be profitable." I said to Mr. Liu.
Mr. Liu was relieved. After some bargaining, he confirmed his purchase intention for 2.95 million yuan, and then started raising money everywhere...
2,
km. He met Mr. Liu in the first half of 2020. He accidentally saw my article on corporate debt restructuring, so he took the initiative to contact me. After paying the three-hour consultation fee, I met him.
Relatively speaking, his problem is very small: actual assets are more than 20 million yuan, bank loans are 15 million yuan, and private loans are 12 million yuan. Although it is insolvent, even in the two years of the epidemic, companies can achieve actual profits of about 3 million yuan each year.
However, he has to pay nearly 1 million yuan in bank interest every year and 1.8 million yuan in private loan interest. Adding the two will eat up his actual profits. Therefore, his company's accounts have been very nervous and it is difficult to have cash flow precipitation.
In the two years of the epidemic, it turned out that those friends who had lent money to him had some financial difficulties, so they began to ask him for principal one after another. Before he realized that this would be a common phenomenon, he demolished the east wall and repaired the west wall and returned the loans from those friends.
Later, some friends' loan contracts expired and they also asked him for their principal. When he could not turn over, some creditors blocked the factory gates and made trouble in order to get back their principal, which made people panic. His competitors knew about it and immediately spread the news that he was seriously insolvent and was about to go bankrupt, which further intensified the run he faced.
Mr. Liu was lucky. When he saw my article, he was not at the end of his life, so the probability of a debt breaking out is very high.
Like a company I met before, with a debt of about 100 million yuan and an asset of less than 50 million yuan. When I was able to dispatch more than 10 million yuan, I always felt that I could hold it up and play around. I continued to demolish the east and west walls, resulting in the cost of borrowing money becoming higher and higher, and the debt scale became larger and larger. Until almost no one around me believed him anymore, no one dared to invest in him anymore, and when the funds that could be dispatched were less than 3 million yuan, I thought about finding someone like me to solve the problem. This really looked down on me.
At that time, Mr. Liu had never defaulted on 's debt to two months ago, so even if he faced a run, one-third of his friends were willing to believe him.
These people gave Mr. Liu advice to pay back the money from those who went to the factory to make trouble.
I said I must not do this, as this is a way to seek death. Because this is the second one that blocks the door of your factory. The first one has made a fuss and you give it to it, and then there is a second one; if you solve the second one, there will be a third and fourth one who follow suit. What should you do?
According to this idea, the most selfish person who makes the most troublesome, regardless of other people's life or death, benefits the most, and takes back the money with principal and interest. Only those honest people, those friends who believe in you the most and are unwilling to force you, will not get anything in the end.
Mr. Liu's cousin is a bad temper and immediately said that I asked people from the factory to drive them away! If they don’t leave, I will beat them up!
I said this is even more impossible, you have become a gangster. It is natural to repay the money with debts. It is reasonable, legal and affectionate for others to come to ask for money. If you hit them, it will not stand any support. It will only make the factory opposite to everyone, be condemned by creditors, be condemned by public opinion, and even be dealt with by ZF.
Everyone asked me to make a decision. I said you must figure out where the limited funds are used? For example, the interest rate of the bank cannot be stopped, and the account may be frozen if it is stopped, and there is no need to play; for example, the salary of employees, especially special talents with key skills, cannot be stopped because if these people leave, the factory will be left empty, so they will really not be able to survive.
On the premise of ensuring the safety of production capacity and account,
immediately convenes all creditors to the factory for a meeting, explain their problems openly and honestly, and persuade everyone to sign a unified understanding agreement.
These creditors came and saw the creditors blocking the factory gate, they would persuade him because this was a major event that was related to the common interests of everyone. If the factory was killed, everyone would be in trouble.
I still follow the previous strategy to prevent everyone from asking for interest, accumulate cash flow for the company and expand production scale, and then return this debt to everyone in five years, and repay 20% of the principal every year.
In addition, after the factory repays the owner's principal, the creditor can make two choices: the first choice, in the sixth and seventh years, continue to pay to the creditor at 20% of the original loan, which is counted as compensation to the creditor - equal to the creditor's total principal of 140%. The second option is to take out 30% of the company's shares and set up a limited partnership to allow these creditors to enjoy the sustainable dividends in 5 years and truly share the destiny with the company.
Mr. Liu immediately agreed to my plan and asked me to draft the contract. He began to convene all creditors.
3,
3,
was the same as I expected. In the afternoon, seven creditors came. When they saw the person who was causing trouble, they knew him and immediately advised him to calm down and go to the tea room to discuss the plan together.
I discussed the plan with you. These eight people were very excited and were unwilling to accept this plan. Some of them directly scolded Mr. Liu for letting down everyone's trust.
I waited for them to scold for a while, and after venting some of my emotions, I began to tell them two failed corporate debt restructuring cases I had counseled in the past, telling everyone not to accept this plan and what the worst result would be.
"This factory was really auctioned by the bank. It is hard to say whether it can pay off the 15 million yuan from the bank. At that time, what would Mr. Liu pay back your 12 million yuan?" I asked them.
"He still has two houses, and he has an Mercedes-Benz . He sold these and returned our money!" said the person who blocked the factory gate.
Mr. Liu's eyes immediately turned red, "Last year, some friends wanted to get back their principal. I mortgaged both houses and cars. You can check this, and I can also show you the loan contract. I really can't move now. If I can't get through this level, our whole family can only sleep on the street."
Mr. Liu finished speaking this sentence, some creditors sighed, some creditors were silent, and some were angry, "What are you pretending to be? You must have transferred all the money."
Mr. Liu also felt aggrieved, and immediately swears in tears and proved his innocence. Only then did the group regain rationality.
"In my experience, you only have 10 days to avoid this worst ending. Mr. Liu informed you in the first batch that he must have the best personal relationship with you. I hope you can lead the way and sign this agreement." I said.
Three people signed the agreement on the spot, and some people said they wanted to go back to discuss with their families, and the one who blocked the door refused to sign the agreement.
"If we sign all, it is equivalent to giving up the right to sue. Those who don't sign but sue them, won't we lose money?" asked the person who signed it.
"These agreements are all here. If there is one that doesn't sign, he will sue it, and I will tore all the contracts. Just take this as there is no such thing, and you can sue it too." Mr. Liu said what I taught him.
The three who signed the agreement were relieved, and the one who blocked the door was also stunned - his wishful thinking was lost.
In the next three days, more than a dozen people signed an agreement on understanding. The most important thing is that if the loan exceeds 500,000, only one of them said they had to discuss with their family and needed to wait, and all the others had signed an agreement on understanding.
Although only 20% of the people who signed the understanding agreement, the total amount of understanding has exceeded half of private lending, and nearly 7 million have reached an understanding.
's work at this time has once again fallen into a temporary deadlock, and the efficiency of negotiations has slowed down.
Mr. Liu was a little discouraged again.
I said that we can no longer rely on ourselves to do our work. The efficiency is too slow and the people who can sell your face have basically signed up. The next work ideas need to be adjusted.
We found four people from the more than a dozen major customers who signed the understanding agreement and suggested setting up a temporary creditor group with these four people as the group leader. The company's future operations, financial and asset flows must be informed to the creditor group leader.
These four people agreed immediately. They would feel more at ease when they know the company's financial, assets and operating conditions!
They agreed to be the leader of the temporary debt group. Only then did we tell them the communication barrier that we encountered. I also emphasized the urgency of time, "You have signed an agreement, and the overall situation is half stable. However, if you only rely on Mr. Liu to communicate, I am worried that it will be delayed for too long. Someone will suddenly sue and ask the factory to file a lawsuit, and the bank may withdraw loans. Then all the work we did will be in vain."
Locals who can lend large amounts of loans are all well-known local figures, and their respective influence is not inferior to Mr. Liu. After I convinced them to join our communication work, five groups of people acted at the same time, and the communication efficiency was several times improved!
Because these people are influential, they all took the lead in signing an understanding agreement. They are still large, and more than 30 local people also signed an understanding agreement under their influence and persuasion.
took only five days, and 73 creditors signed 62 understanding agreements - the key is that the facts and data I told them all understand the urgency of time and build a perception of everyone's community of interests.
The remaining 11 people, except for the 600,000 yuan that they originally said they wanted to discuss with their families, were small loans of 20,000 to 100,000 yuan.
Among these people, 6 of them have less than 50,000, and their families are in extremely difficult situations. I did not advise them to sign a five-year repayment agreement, but told them that they had signed an agreement of understanding and put their problems in the end.
solution is also very simple. After everyone signs, I will persuade the creditor group to treat the 6 people differently, with a total amount of about 200,000 yuan, which will not affect the overall situation at all: whether it is paid in one year or six months, I believe the leader of the creditor group will agree. If it really doesn't work, I'll think of a solution.
Several other people, we held a meeting to study their social relations network, from the 62 people who signed the agreement, we analyzed who could influence them, and then united these people to influence them together. "Because you did not sign the understanding agreement, the factory went bankrupt and let more than 70 of us finish playing, then you wouldn't just cheat Lao Liu, you also cheated us more than 70 people."
uses the influence of more than 60 people to influence these 5 people. In my overall operation, Mr. Liu turned from the unfavorable situation of 1 to 73 to more than 60 people standing on his side to influence the most stubborn people together.
A week passed, only Mr. Li, who was 600,000, was reluctant to sign an agreement of understanding. Within one day, he received calls from more than a dozen creditors, and everyone advised him to put the overall situation first and sign this agreement of understanding.
Mr. Li proposed to check the company's bottom account and then sign this agreement of understanding. "I want to see if Lao Liu has transferred his property. ”
Mr. Liu and the people in the creditor group agreed.
Mr. Li found out that the company had a deposit of more than 900,000 yuan, which would be received in three weeks. He actually found an excuse to leave and went to the court to sue. He also applied for pre-trial preservation for the accounts receivable.
I can't say that Mr. Li's behavior was wrong. After all, he is a creditor, and he has the right to decide how to deal with his own creditor. But his move is equivalent to opening Pandora's box. The creditors who were all working together to seek stability in the overall situation were all in an uproar. Some went to the court to sue immediately, and some ran away again Go to General Liu’s office to collect debts...
Mr. Liu and the team leader of the debtor group were confused by this sudden situation and asked me for countermeasures. I could only tell you frankly: Now I can only leave it to fate. The company has been litigated, not just together. Three months later, the bank loan has reached the deadline for repayment. Where do you look for this 15 million? If there is no litigation risk, you may find the dismantling funds in three months. Please turn it over and go in, lend it out, and give it to the dismantling party. Now that there is a lawsuit, the 15 million yuan after three months is due, can you pay it back?
Everyone was stunned, "Then our efforts have been in vain? "
" Is it still too late to persuade Mr. Li to withdraw the lawsuit? "
A few people surrounded me in the middle and were completely panicked.
"You please let me think about it again, I need some time. "I walked out of the crowd," I will notify Mr. Liu when I think of a solution. ”
After driving twenty kilometers, I parked the car on the side of the road and called Mr. Liu in a heavy mood, "There is no road left, please let them all sue. "
" Teacher Chen, there is really nothing I can do about it? "Mr. Liu's voice was hoarse and said with infinite sadness.
"You plan the worst, the asset value of the factory is no longer there. You are now talking to these creditors immediately that you are willing to convert all of these debts into your personal loans and pay them back for the rest of your life. As long as they are willing to believe you, they will not sue you. "I gave him one last suggestion.
" What's the point? The factory is limited liability. "Mr. Liu asked me.
"First, you must be responsible for friends who can trust you, so you must repay the money you borrowed. Second, if you can convince most of them to sign an agreement with you personally, there will be fewer people suing you in the future. These lawsuits are civil litigation , which is an economic dispute. If everyone joins together to sue you, you will constitute illegal fundraising . You must not only bear civil liability, but also criminal liability, and you will be in jail. "
" I understand, thank you, Teacher Chen. "Mr. Liu hung up the phone unconsciously.
4,
I know that behind Mr. Li, there are also people who are consulting him and giving advice.
People who know how to protect accounts receivable are either lawyers or people like me who have seen many debt disputes.
But when I plan for anyone, I always stand on the fair and just position of "maximizing overall interests", and the consultant behind Mr. Li , based on the position of maximizing the interests of the "party involved", he gave advice to President Li.
So, President Li got back his 600,000. On the surface, this is Mr. Li . In fact, what? Mr. Li not only angered President Liu, but also angered more than 70 other creditors. It is said that for a long time, more than a dozen creditors often ran to President Li's house to cause trouble, and ran to President Li's unit to cause trouble, and asked him to spit out the 600,000 and share it with everyone.
Mr. Liu also reached an understanding agreement with most creditors in his personal name: no longer ask for interest, and the principal will be paid off in 10 years.
After all, Mr. Liu’s factory is gone, and it is not that easy for him to make money.
The bank loan of 15 million yuan a few months later, so Mr. Liu could not pay it back. The bank was in charge of business, first prosecuted, and then seized by the court. Mr. Liu's factory that could still make 3 million yuan a year really became empty factories and scrap metal.
The blessing in disguise was that although Mr. Liu was borne a debt, he was not pursued for criminal responsibility and also preserved his freedom. This was why the law firm contacted him later.
hopes that he can regroup after buying back the factory at 2.95 million yuan, give him an explanation to himself and all creditors.
at the end:
This is the most detailed article I have written about the issue of creditor restructuring. I hope it can inspire all those involved in creditor disputes, whether they are creditors or debtors.
does this because there are many people who have contacted me for this problem recently, and I don’t want to intervene in this kind of business anymore. It is too exhausting and may not be rewarded. So I will explain the successful experience of such cases and the risk points of key links to everyone. I hope everyone can learn to use it on their own, solve their own problems, avoid the worst results, and strive to achieve a happy ending for the most people.
In the process of rectifying debts for a certain enterprise, some creditors called me a bad person, made accomplices of the tiger, and spoke from the position of a bad person (debtor). I gave a speech to more than a dozen people surrounding me, "I know that the justice you see is to make Mr. Zhang go bankrupt and go to jail to vent your hatred. But, he is in jail, what about your money? Is it possible to come back? This is a lose-lose situation. If Mr. Zhang does not have the ability to make money and cannot repay your money, you let him go to jail, and you want to eat him, I will ignore it. This matter has nothing to do with me.
However, I see another kind of justice: you give him tolerance and trust, and let him work hard. Go make money and return the money to you in five years. He doesn't have to go to jail, and your property losses will be minimized. When he makes a comeback, he will definitely remember your kindness and will definitely give you a good explanation. This is the greater justice I see, and it is also the perfection I want to take you to repair in this incident."
Many people do debt rectification and think about how to evade responsibility, which is inconsistent with my original intention. I am also worried about being karma and retribution. So when facing huge temptation, although I was moved, they finally stick to their original intention: accompany the debtors, do their best to take responsibility for the debt, and find the most responsible solution together, rather than helping the debtors to evade debts.
Because I firmly believe that "the way of heaven is bright and good and evil are rewarded." Although the cycle of retribution is very long, overall, retribution is still unhappy.
Please like, leave a message, or forward and share with friends around you who may need it.
