China: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
破产案件中股东对破产企业的债权的清偿顺序研究
This article examines the controversial issue of shareholder debt repayment priority in bankruptcy proceedings, analyzing whether shareholder claims against bankrupt companies should be subordinated to ordinary creditors. Through systematic analysis of judicial precedents and comparative law perspectives, the authors explore the conditions under which the "equitable subordination" principle applies in Chinese bankruptcy practice.
China Insolvency
HK
Han Kun Law Offices
Article
“背靠背”支付条款的类型与法律效力分析
Exploring the legal enforceability of back-to-back payment clauses across multiple jurisdictions, this analysis examines how different countries treat "Pay If Paid" versus "Pay When Paid" provisions in construction contracts. The article reveals critical differences in judicial approaches to risk allocation between contractors and subcontractors when upstream payments are delayed or never materialize.
China Litigation
JT
Beijing Jincheng Tongda & Neal
Article
金诚同达特殊资产专刊(2026年5月)
China's State Council has issued new regulations on countering foreign extraterritorial jurisdiction, while regional courts and regulatory bodies advance bankruptcy and debt restructuring frameworks. Key developments include the establishment of Xiamen's out-of-court restructuring service center, adjustments to cross-border lending rules, and expanded pilot programs for mandatory liquidation procedures across seven provinces.
China Insolvency
JT
Beijing Jincheng Tongda & Neal
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