Li Shu’s Team Obtains Refusal of Enforcement for a Notarized Debt Instrument Exceeding RMB 1.5 Billion

2023-04-28阅读中文版

A large Hebei business group faced enforcement under a notarized debt instrument involving more than RMB 1.5 billion. It retained Li Shu’s team to pursue an enforcement petition challenging defects affecting the instrument’s direct enforceability.

The team examined arrangements for satisfying the debt through residential and office properties and other assets, together with supplementary agreements. It focused on whether repayment terms for the unsatisfied balance were clear and whether the enforcement certificate properly reflected asset transfers already completed.

According to YunTing’s account, the Supreme People’s Court set aside the earlier objection and reconsideration rulings and refused enforcement of the notarized instrument. That result concerned direct enforcement of the instrument; it did not by itself establish that the underlying debt had ceased to exist.

Source: Original publication