When project payments offset by property were pursued by the developer's bankruptcy team, losing both money and house in the first trial, seeking Zhiming lawyers turned the case around.

? 2021-12-13 📂 Civil and Commercial Litigation Civil and Commercial Litigation 🏷️ #Project Payment #Mortgage #Wang Tengfeng #Bankruptcy #Win Case

Expertise comes from diligence, and success requires hard work. Last year, the client came to us with a case they had completely lost in the first instance; today, we deliver a perfect turnaround victory! Between this stark contrast of defeat and triumph, Zhiming lawyers not only possess specialized skills beyond others but also diligence and innovation.



At that time, Zhenxing Company was already in a situation of losing the first instance, not only losing several million yuan in project funds, but also having to return the site used by the other party to offset the debt. In such a crisis of losing both money and land, Zhenxing Company only wanted to make a last ditch effort. Therefore, through continuous inquiries, they learned that the legal team of Guangdong Zhiming Law Firm specializes in difficult and complex cases, and has repeatedly helped the parties turn the tide. Zhenxing Company seemed to see a glimmer of hope in adversity, and came to negotiate with a nervous heart.

This case is not just a typical debt to equity contract, but also involves bankruptcy legal issues. The subject matter involves not only nearly a thousand square meters of land, but also millions of funds and money. In addition, the time span is more than ten years. With various factors intertwined, it can be said to be very complex, and it is not easy to find a perfect solution. Lawyer Zhiming carefully reviewed the first instance verdict, his expression becoming even more solemn. Just as the parties thought their hopes were about to be shattered, Lawyer Zhiming spoke up and said, "This case was a mistake in the first trial! It shouldn't have been fought like this, nor should it have been sentenced like this!" The parties seemed to have returned to the ground from the abyss and immediately exclaimed, "As long as you take over, we will fully cooperate! The rest is up to you!" After taking over the case, Lawyer Zhiming quickly led Lawyer Cao Guanghui and Lawyer Peng Jiong to list all the errors in the previous first trial, identify the corresponding legal provisions, and transform these issues into our advantageous points. After the unremitting efforts of the entire team, the second instance debate plan has been formed. However, the lawyer of Zhiming Law Firm, who strives for perfection, still believes that this plan has shortcomings. He used the lawsuit of literary rights protection to add and modify the original plan until he was finally satisfied.

At the second-instance hearing, as we had anticipated, the opposing party and their attorney, believing that their first-instance victory had secured the case, continued with their original strategy. However, we presented a completely different argument: even if the opposing party is undergoing bankruptcy proceedings, this cannot revoke an agreement that was fully performed a decade ago—otherwise, where would good faith and fair dealing stand? Where would justice and equity be? Under the relentless pressure of our innovative thinking, the rigid, conventional-minded opposition quickly crumbled. Notably, after the hearing concluded, Attorney Zhiming personally drafted a "Supplementary Agency Opinion" outlining the adverse consequences of the erroneous first-instance judgment, which stated: "The erroneous first-instance judgment not only severely violates the cardinal principles of fairness, justice, and good faith, but also risks triggering more severe social disputes, potentially leading to intensified social conflicts and instability. This runs counter not only to the spirit of the Bankruptcy Law but also to the original purpose of supporting the government in resolving disputes and defusing conflicts through debt-for-property arrangements. The erroneous first-instance judgment undermines the rule of law and stability, and must be corrected in accordance with the law." Heaven rewards the diligent—we ultimately secured this hard-won victory judgment, and the client's lingering anxiety was finally put to rest.

This case is one of the excellent examples that demonstrates the miraculous effect of literary and artistic rights protection litigation. Not only is there a sharp contrast in the judgment results, but also a completely different method of debate, which shows that in the litigation of literary and artistic rights protection, every aspect from a positive attitude, enterprising consciousness, innovative spirit to associative logic is indispensable. Its charm lies in its ability to change the disadvantageous situation of the parties involved, enhance the professional ability and image of lawyers, and effectively assist judicial organs in making high-quality judgments, thereby maintaining social fairness, justice, and the spirit of the rule of law. It can be said to be a win-win situation!

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