Pingzhuang Energy involved in debt disputes 250 million large bank debts who will bear?

-Our correspondent Jia Xiaoyan Pingzhuang Energy Because of a lawsuit announcement again into the public's vision.　　June 19, Pingzhuang Energy Bulletin showed that, because the predecessor of the Prairie Hing hair owed not yet, Pingzhuang energy recently by the Agricultural Bank Chifeng Yuanbaoshan District Branch to the dock, demand its repayment principal and interest amounted to 255.92 million yuan.　　For the Pingzhuang energy arrears, according to the words of Dong Zhangjianzhong, is "a long time ago, is its predecessor Prairie Hing issued a mortgage loan has not been paid off." The predecessor of the Pingzhuang energy source Grassland hing Hair in 2005 to the Agricultural Bank Chifeng Yuanbaoshan District Branch Mortgage loan 350 million yuan.　　Inner Mongolia Pingzhuang Coal group backdoor grassland hing Fat (then renamed to Pingzhuang Energy) for major asset replacement, the reorganization plan agreed that the new company established after the reorganization of the Pingzhuang energy and receive the assets of the third party in accordance with the proportion of 6:4 of the original grassland hing issued debt.　　Since then, Pingzhuang energy in accordance with the agreement to pay off its 60% of the debt, the remaining 40% of the loans and interest has not been returned, eventually caused the lawsuit.　　Although Pingzhuang Energy has repeatedly stressed that the debt has nothing to do with its own, but the Agricultural Bank Yuanbaoshan District branch manager Zhang said that the bank of Yuanbaoshan District Branch agreed to transfer the letter of commitment for various reasons did not take effect, that is, 40% of the loan principal and interest is not transferred, so Pingzhuang energy should bear the debt.　　250 million-dollar debt of the previous life in this lawsuit, the Agricultural Bank of Yuanbaoshan Branch for the plaintiff, the defendant is including Pingzhuang energy, grassland hing Hair Asset Management company, Chifeng Xing FA Group and Chifeng UnionPay Investment Co., Ltd., including four companies. Among them, Pingzhuang Energy has inherited the creditor's rights and debts of the original grassland by the replacement of assets, and becomes the defendant in the identity of the debtor. While Chifeng Xing FA group and Chifeng UnionPay Investment Co., Ltd., because at that time for this loan and ABC Yuanbaoshan DISTRICT branch signed a mortgage contract, and become litigants.　　The grassland Xing FA Asset Management company is the "third party" that accepts the original grassland and sends out assets when the asset is replaced, it is the key to form this "muddled account".　　The arrears can be traced back to the Pingzhuang Energy predecessor, Prairie Hing, a loan issued in 2005.　　January 20, 2005, ABC Yuanbaoshan District branch and Inner Mongolia grassland Hing Fat Co., Ltd., Chifeng Daxing Economic and Trade limited liability company, Chifeng Xing FA Group, Chifeng UnionPay Investment Co., Ltd. signed the "Maximum mortgage contract", the Prairie Hing Fat Co., Ltd. to carry out mortgages.　　Agricultural Bank Yuanbaoshan Sub-branch in September 28, 2001 and April 2005 to September, a total of Inner Mongolia grassland Hing Hair Co., Ltd. issued a loan of 14, a total amount of 350 million yuan. In arrears, the Inner Mongolia coal Industry Group on the Prairie Hing Hair carried out the asset replacement, after the restructuring of the listed company renamed Pingzhuang Energy Co., Ltd., the original Prairie hing hair set out 40% of the assets by the Grassland Hing Fat Asset Management company to take over. The reorganization of the original Prairie Hing issued 350 million loans in accordance with the proportion of 6:4 by Pingzhuang Energy and accept the assets of the thirdparty to bear.　　Pingzhuang energy into the defendant: injustice or not injustice? Data show that the asset replacement to accept the placement of assets are grassland hing Fat Asset Management company. After the completion of the replacement of assets, Pingzhuang Energy quickly paid the 60% of all the loans it had agreed upon, that is, 210.6 million yuan.　　Therefore, Pingzhuang Energy Secretary Zhangjianzhong insisted that the ABC Yuanbaoshan District sub-branch required to repay the principal and interest of a total of 255.92 million yuan arrears and Pingzhuang energy-related.　　Many investors also questioned, should accept the assets of the Prairie Hing Hair Asset Management company to bear the remaining debt, the Agricultural Bank Yuanbaoshan branch is wrong with the defendant. However, a lawyer at the law firm said that after the restructuring of the company, its creditor's rights and liabilities should be transferred to the newly established company, unless otherwise agreed by the parties.　　If the debtor has agreed with a third person for a transfer of debt or debt obligations, the creditor's written consent shall be obtained. This shows that the reorganization plan agreed to 6:4 of the debt repayment ratio, should be the creditor that is the Bank of Yuanbaoshan District Branch of the written consent to be valid.　　So, did ABC Yuanbaoshan District branch agree in writing?　　In this regard, Pingzhuang Energy Secretary Zhang Jizhong said that the ABC Yuanbaoshan District sub-branch of the debt to share a written commitment letter, agreed to restructure the plan on the proportion of debt settlement, which in the company's bulletin has a clear embodiment. So is the commitment of the creditor AgBank Yuanbaoshan District branch able to exempt Pingzhuang energy debt?　　If so, is the Agricultural Bank of China Chifeng Yuanbaoshan District sub-branches mistaken for defendants? The bank does not recognize the original debt-bearing scheme against the above problems, reporter detailed study of Agricultural Bank Yuanbaoshan District Branch of the letter of commitment, found that the letter of commitment exists the following issues: the creditor Agricultural Bank of China Chifeng Yuanbaoshan District Branch of its commitment letter to enter into effect of the following restrictions: After the reorganization of the plan, we must be in accordance with the provisions of the procedures to report approval.　　Before our bank has been approved and the implementation of the debt with the relevant parties to enter into a formal agreement and procedures, we will be in Inner Mongolia grassland Hing Hair Co., Ltd. original rights and mortgages valid.　　This shows that the entry into force of the debt segmentation includes two aspects: the reorganization plan needs to obtain the approval of the creditor's superior department, and sign the formal agreement and formalities with the relevant parties on the debt implementation.　　However, Pingzhuang Energy chief Zhang Jizhong told reporters that, in addition to the letter of commitment, there is no formal agreement on the amount owed. According to this, the sea asked the law firm, a lawyer said, because the agreement on the implementation of the debt and the relevant parties signed a formal agreement and procedures, therefore, the above debt splitting scheme is equivalent to the absence of creditor consent, is invalid.　　Pingzhuang Energy should be responsible for the rest of the debt.　　Since AgBank's Yuanbaoshan District Branch has issued a commitment letter agreeing to a debt-splitting scheme, why did it not end up with a formal agreement that resulted in a commitment void? The reporter interviewed the ABC Yuanbaoshan DISTRICT Branch was responsible for the money manager Zhang. Manager Zhang said that the reason why the final failure to sign a formal agreement is because the original Prairie Hing issued assets of the unit did not follow the promiseLetter request, with ABC Yuanbaoshan District sub-branches signed Reimbursement Agreement, there is no substantial repayment behavior, therefore, the Agricultural Bank Yuanbaoshan District Branch eventually did not recognize the debt-bearing scheme.　　Who's going to return the money or suspense? The debt-bearing scheme does not take effect, what does this mean for Pingzhuang energy? Hai asked the law firm, said the lawyer analysis, Pingzhuang Energy is the remaining principal and interest of the total amount of 255.92 million yuan owed debtors.　　According to the creditor's Bank of Yuanbaoshan District branch of the lawsuit request, Pingzhuang Energy should bear this debt, if Pingzhuang Energy does not fulfill the maturity of the debt, then the defendant to the Agricultural Bank Yuanbaoshan District Sub-branch in charge of mortgage liability, the auction of mortgage property will be liquidated, the Agricultural Bank Yuanbaoshan District Branch priority to be paid. Relevant information shows that the mortgage property of this part of the debt is located in the urban area of real estate, asset replacement as a set asset by the Grassland Hing Fat Asset Management company to take over.　　The relevant person said that the current part of the mortgage has been leased by the Grassland Hing Fat Asset Management company to use. According to ABC Yuanbaoshan District branch manager Zhang introduced, Grassland hing Fat Asset Management company by the Chifeng government funded.　　At present, grassland hing Fat Asset Management company is not willing to put this part of the mortgage assets, direct return money is more likely. "On this debt, the parties are currently negotiating, the final decision is to Pingzhuang energy, or the government to return." But Pingzhuang energy is not willing to return this part of the money.　　ABC Yuanbaoshan DISTRICT branch manager Zhang said. Pingzhuang Energy was issued only one week after receiving a notice of action.　　In this respect, Dong Zhang Jizhong's explanation is that the company should study to confirm whether it should bear the debt, various factors caused the announcement delay. Pingzhuang Energy in the announcement, said the announcement of the lawsuit on the company's current profit or profit after the period may affect the number of 277768690.78 yuan.