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 losing position after the first trial, facing not only a loss of millions in project payments but also having to return the property used as debt collateral. Under such a crisis of losing both money and land, Zhenxing Company wanted to make a final effort. After continuous inquiries, they learned that Lawyer Wang Tengfeng's team at Guangdong Zhiming Law Firm specializes in complex and difficult cases and has repeatedly helped clients turn defeat into victory. Zhenxing Company saw a glimmer of hope in adversity and came to negotiate with an anxious heart.

This case is not an ordinary contract for debt settlement through property transfer; it also involves bankruptcy law issues. The subject matter includes not only a site of nearly a thousand square meters but also millions in funds. Moreover, the timeline spans over a decade. With such a complex interplay of factors, it can be described as extremely intricate, and achieving a perfect resolution is no easy task. Zhiming lawyers carefully pored over the first-instance judgment, their expressions growing increasingly solemn. Just as the client thought hope was about to fade, a Zhiming lawyer spoke up: "This case was wrongly decided in the first instance! It should never have been litigated this way, nor should it have been ruled this way!" The client, as if pulled back from the abyss to solid ground, immediately exclaimed with delight: "As long as you take the case, we will fully cooperate! We'll leave the rest to you!" After taking on the case, Zhiming lawyers swiftly led attorneys Cao Guanghui and Peng Jiong to list all the errors in the first-instance ruling, identify the corresponding legal provisions, and turn these issues into favorable points for their side. Through the relentless efforts of the entire team, the second-instance defense strategy was formulated. However, the perfectionist Lawyer Wang still felt the plan had shortcomings. He used the literary and artistic rights litigation to add and revise 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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