Title in original language
上海*港实业有限公司由破产清算转为破产重整案
Original language

Chinese, Simplified

Country
China
Date of text
Status
Decided
Type of court
National - higher court
Court name
Third Intermediate People’s Court of Shanghai Municipality
Seat of court
Shanghai Municipality, China
Reference number
[2019] Shanghai 03 Bankruptcy No. 320-6
Justice(s)
Guo Daliang, Liu Lin, Yao Lei
Abstract
Upon creditors’ application, the Shanghai Third Intermediate People’s Court accepted the bankruptcy liquidation case of Shanghai Port Industrial Co., Ltd., a wharf operator on the Yangtze River estuary. The administrator found severe environmental pollution risks caused by obsolete facilities and lack of sewage and dust control. To preserve the wharf’s operational value and license, the court converted the liquidation to restructuring. Under court guidance, the administrator coordinated with environmental authorities to rectify pollution, upgrade facilities, and build sewage settling tanks and dust-control equipment. Environmental rectification expenses were recognized as common benefit debts. After creditors approved the plan, new investors committed over CNY 87 million to ensure green operation. The court approved the plan and terminated restructuring, emphasizing integration of green development and environmental governance into bankruptcy trials.
Key environmental legal questions
How should courts incorporate environmental pollution control into bankruptcy restructuring to preserve enterprise value? How are environmental rectification costs classified as common benefit debts under the Enterprise Bankruptcy Law Interpretation (III)? How can administrators coordinate with environmental authorities to ensure compliance and continued operation during restructuring? How does green development guide judicial review and approval of restructuring plans?