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A financial loan contract dispute case, China Merchants Bank Co., Ltd. Jinan Branch v. Linqing New Galaxy Industrial Co., Ltd. and MCC Paper Galaxy Co., Ltd

By PRC Supreme People's Court

· Laws and Regulations,Procedure,Lawyer

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Judgment Opinions Summary:

The minutes of the meeting of the debt committee are the embodiment of the collective will of the debt committee and the true meaning of each member unit of the debt committee. They do not violate the provisions of laws and regulations, and each member unit shall comply with them. If a member of the debt committee promises to act in concert with other members, and shall not dispose of the creditor's rights alone or jointly with other parties (including but not limited to prosecution, sealing up, sale, auction, deduction, etc.) except with the consent of the debt committee, and before the expiration of the period of performance agreed in the debt restructuring agreement, if he or she files a separate lawsuit to claim the realization of his or her creditor's rights without the consent of the debt committee, the people's court shall dismiss his or her claim.

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