Recovery After Winding Up And Recovery Just Before Debtors Going South

Reviews

清盘之后的债务追讨以及在债务人财务状态恶化前的债务追讨

Many lawyers can recover a debt for you.

许多律师可以为您追收债务

But how many can recover very substantial sums from these two types of companies:

但是有多少人可以从这两种类型的公司中收复非常可观的款项:

1  a wound up company and;

2  a company that has already ceased operation, retrenched all their workers.

1一个清盘公司;及

2一家已经停止运营,并且裁退所有员工的公司

Alex Chang & Co did these feats for us.

Alex Chang&Co为我们完成了这些壮举。

WOUND UP and Un-WIND

清盘与撤销清盘

One of our customers, the Debtors owed us about RM2.2 million, our management took a long time but could not recover the sum. Meantime, the Debtors began to ‘shrink’ their operational size from RM60 million to RM15 million.

我们的客户之一,债务人欠我们大约220万令吉,我们的管理层花费了很长的时间却依然无法收复这笔款项。与此同时,债务人开始将业务规模从6000万令吉“收缩”至1500万令吉。

The Debtors thought the liquidation process will take years to complete and by that time they would have accomplished the final disposal of the remaining RM15 million worth.

债务人认为清盘程序需要耗时数年,而届时他们将早已妥善处置了剩余价值1500万令吉的资产。

They were WRONG, Mr Chang wound up the company in a flash and the liquidator was already standing at the door waiting to proceed within two days of the court granting the winding up order. By the time the Debtors found out what it all meant, they came to ask Mr Chang to “Un-Wind” them.

但他们错了,张先生已迅雷不及掩耳之势迅速的将公司清盘,且清算人已经准备就绪,在法院下达清盘令后的两天展开清盘程序。而在债务人回过神之后,他们只好无奈要求张先生为他们“撤销”清盘令。

That was achieved within a month, saving the Debtors from certain ‘termination’.

撤销程序在一个月内实现,使债务人免于某种意义上的“终结“。

With a settlement in hand and continued business opportunity, we settled the matter amicably and we were able to CONTINUE to have a fruitful business relationship with the Debtors.

在和解和持续的商业机会为背景下,我们友好地解决此事,并且继续与债务人建立起极具建设性的业务关系。

FORESIGHT IS AN IMPORTANT QUALITY

远见卓识为重要素质

PICKETING CLOSING DOWN DEBTORS

债务人选择停业

There was this Closing Down Debtors who closed their doors without notice therefore their workers started picketing outside their factory.  60 creditors started to take legal action, a few creditors including us took a companies winding up petition against the Closing Down Debtors.

一名债务人在没有任何通知的情况下停业,因此债务人的工厂工人于债务人的工厂外示威。60名债权人展开法律行动,包括我们在内的债权人提交了针对停业债务人的公司清盘请愿书。

Mr Chang made a few applications in court,  the Debtors singled  us out for a settlement meeting.

在张先生向法院递交申请后,债务人便要求与我们单独进行和解会议。

Foresight

远见

It was a meeting full of civil fireworks, both sides bargained very hard, Mr Chang advised us that due to the special circumstances, that the company had closed down, and our 20 plus years of business with them, that we give a 1% goodwill discount per annum.

该会议中弥漫着硝烟, 双方激励讨价还价。此时,张先生建议基于情况特殊,该公司已然停业,并且双方之间的业务往来已经超过20余年,我方可以给与每年1%的商誉折扣。

A discount is usually not on the cards for settlement conducted by Mr Chang.

折扣通常不在张先生的和解牌张上。

Out of the RM1 million debt, we collected about 75% of it within two months in cash,  the other creditors  wound up the Debtors in the following year and made many directors bankrupt.

在这100万令吉的债务中,我们在两个月内已现金的方式收复了其中75%,而其他债权人在翌年清盘了债务人,致使许多债务人的董事破产。

It was an amicable settlement again, both sides remained friends but the unfortunately we could not continue to do business with the Debtors in this case.  

One of the most important qualities is foresight, it is about making a decision to do something ‘right’ given the circumstances prior to the happening of some supervening events, securing the ‘correct’ outcome for the clients.

这又是一次的友好的和解,双方仍然是朋友,但不幸的是,在债务人清盘以后,我们再也无法继续与债务人进行生意往来了。

其中一个最重要的素质便是远见,这是一种在任何重大事情发生以前,根据现有情况做出“正确”决策的能力,最终确保客户获得“正确”的结果。

Thank you Mr Chang.

张先生,谢谢你。

Mr Ng

跨国公司总执行长

Managing Director, Multinational Company

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