Anatomy of a Chinese Debt Collection

Written by Zhao Xiomei

Continued from page 1

Despiterepparttar initially tough attitude of Alimex's lawyers, we knew we could not abandon our efforts to achieve a settlement, particularly since we knew settlement made sense for all parties. We proposed a three way agreement between Daxin, Alimex and Bolshoretskoe, whereby Alimex would keep its purchase price funds and not pay any party forrepparttar 119286 fish untilrepparttar 119287 dispute between Daxin and Bolshoretskoe had been resolved through arbitration in Canada. Alimex would then payrepparttar 119288 winner ofrepparttar 119289 arbitration up torepparttar 119290 purchase price ofrepparttar 119291 fish. Alimex would also agree not to pursue any claims against Daxin for wrongful arrest. Uponrepparttar 119292 signing of this agreement, Daxin would release its arrest ofrepparttar 119293 cargo. Daxin secured oral agreements from both Bolshoretskoe and Alimex to go forward with such an agreement.

Forrepparttar 119294 fish to go out onrepparttar 119295 next liner to Europe, Dan and I had to work overtime in draftingrepparttar 119296 appropriate agreements. This time,repparttar 119297 multitude of languages and time zones (China, Russia, Singapore, Seattle, and Denmark) worked to slow us down, and byrepparttar 119298 time Bolshoretskoe received its Russian language copy ofrepparttar 119299 agreement, only a few hours remained beforerepparttar 119300 pollock needed to be loaded onrepparttar 119301 liner to Europe. But, atrepparttar 119302 last minute, Bolshoretskoe changed its mind and decided it would not sign. All our hard work had been for naught. We were all exhausted.

The next liner to Europe was leaving in six days. Duringrepparttar 119303 weekend, we stopped talking with opposing parties and communicated with only Dan and Daxin. We went back overrepparttar 119304 case history and analyzed each party's positions and risks. We concluded that Bolshoretskoe was Daxin's real adversary. It was Bolshoretskoe that owedrepparttar 119305 money and it was Bolshoretskoe that had avoided payment for so long. It also was Bolshoretskoe that had backed out of its oral agreement. There had been no prior conflicts between Daxin and Alimex. Though Alimex was listed asrepparttar 119306 consignee ofrepparttar 119307 pollock onrepparttar 119308 Bill of lading, it had yet to actually pay forrepparttar 119309 fish. Above all else, Alimex wantedrepparttar 119310 pollock sent to Europe so it could fulfill its commitments with its European buyers.

If we could persuade Alimex to provide a deposit orrepparttar 119311 purchase price torepparttar 119312 Qingdao Maritime Court, we would lift our cargo arrest. If, onrepparttar 119313 other hand, Alimex insisted on payingrepparttar 119314 purchase price directly to Bolshoretskoe,repparttar 119315 arrest would remain in place, and Alimex would be unable to fulfill its supply contracts with its European buyers. Daxin would be left fighting a two front war against Alimex and Bolshoretskoe inrepparttar 119316 Chinese courts.

We told Alimex that if it did not immediately settle, we would moverepparttar 119317 court to require Alimex payrepparttar 119318 Pollock purchase price torepparttar 119319 court and seekingrepparttar 119320 immediate sale ofrepparttar 119321 pollock at auction. Within hours, we received contact from a Chinese lawyer retained by Alimex, who would, he informed us, be going to court to have our "illegal" arrest thrown out. The court ignored him.

The next liner for Europe was coming to Qingdaorepparttar 119322 next day and it finally began dawning on Alimex that if it wanted to getrepparttar 119323 pollock to Europe and to its customers, it would need to settle with us. Intensive settlement talks began anew and another oral agreement was reached. Alimex would guarantee to pay up torepparttar 119324 amount ofrepparttar 119325 pollock purchase price to whomever prevailed between Daxin and Bolshoretskoe. Alimex also agreed not to pursue any claims against Daxin arising from Daxin's allegedly wrongful arrest ofrepparttar 119326 cargo. A settlement was drafted and signed andrepparttar 119327 parties worked diligently to getrepparttar 119328 arrest lifted in time forrepparttar 119329 product to make it on that day's liner to Europe.

Daxin had a Guarantee Agreement from an established and well funded Danish company and we had achieved a smashing victory on this exciting arrest of cross-border transshipping cargo.

Somewhat smooth sailing in recovering Daxin's award. We then filed Daxin's case against Bolshoretskoe inrepparttar 119330 Qingdao Maritime Court. Bolshoretskoe consistently failed to attend any court hearings and we eventually secured a default judgment against it.

Alimex then paid Daxin all but US$15,000 ofrepparttar 119331 amount it had guaranteed, but claimed entitlement to withhold US$15,000 for itself to help pay forrepparttar 119332 costs it had incurred in China defending against Daxin's arrest. One e-mail from Dan threatening arbitration in London (pursuant torepparttar 119333 Guarantee Agreement) forrepparttar 119334 $15,000, plus all fees and costs, convinced Alimex it had no case on this either. Alimex paidrepparttar 119335 remaining US$15,000 to Daxin andrepparttar 119336 case was over.

After six months, close cooperation and flexibility by lawyers on both sides ofrepparttar 119337 Pacific had given us full and total victory.

Epilogue A few months after I closedrepparttar 119338 case, Dan sent me an e-mail telling me he had heard from one of his Danish clients that Alimex's Danish lawyers had told them of our great job on this case. Dan and I have since worked on a couple additional cases together, but it will be this first one that I will always remember. In thinking of this case, I know I will never forgetrepparttar 119339 sleepless nights I spent communicating with lawyers and parties in four times zones. But I also know thatrepparttar 119340 pride I feel from knowing how much we achieved, despite having to work throughrepparttar 119341 laws of so many countries under such tight deadlines, is what will always stand out. Our wisdom, our legal knowledge and our strenuous diligence had garnered us high praise not only from our foreign colleague and from our client, but also admiration fromrepparttar 119342 opposing party.

Zhao Xiaomei (Meggie) is a senior partner at the Fada law firm in Dalian, China, where she focuses on international and maritime law.

How to Start an Online Bankruptcy Forms Processing Service

Written by Victoria Ring

Continued from page 1

5. At this pointrepparttar attorney may wish to meet withrepparttar 119285 clients to review their bankruptcy petition before filing, but it is not absolutely necessary. Some attorneys I worked for never meetrepparttar 119286 client face-to-face except when they showed up at court. They communicated withrepparttar 119287 client by email or telephone.

Note: Electronically filed documents do not requirerepparttar 119288 client’s signature so it is not necessary to meetrepparttar 119289 clients face-to-face before filingrepparttar 119290 bankruptcy petition. An attorney is provided with an electronic signature byrepparttar 119291 court that he uses to sign all electronic documents filed on behalf ofrepparttar 119292 client he or she represents.

6. Afterrepparttar 119293 attorney receivesrepparttar 119294 bankruptcy petition by email, he or she will save it on their computer underrepparttar 119295 client file name and beginrepparttar 119296 review. The attorney can either print outrepparttar 119297 bankruptcy petition and make changes with an ink pen, or review it onrepparttar 119298 computer screen and note any changes in an email torepparttar 119299 forms processor.

7. Afterrepparttar 119300 attorney has approved or made changes torepparttar 119301 bankruptcy petition, he or she will email it back torepparttar 119302 forms processor. The forms processor will makerepparttar 119303 changes and prepare a final bankruptcy petition ready for electronic filing. The forms processor emailsrepparttar 119304 final petition torepparttar 119305 attorney for final approval.

8. Upon approval byrepparttar 119306 attorney,repparttar 119307 forms processor will electronically filerepparttar 119308 bankruptcy petition withrepparttar 119309 proper court or email torepparttar 119310 attorney for printing, copying and filing.

As you can begin to see, it would be very easy to start a forms processor service working from home. So if you were like me and are tired ofrepparttar 119311 office politics and playingrepparttar 119312 mental games, you now haverepparttar 119313 opportunity to work from a peaceful home environment where you can focus more on each case and give your clientsrepparttar 119314 personal touch that will set your business apart fromrepparttar 119315 big companies.

** This article is a book excerpt from, “How to Start a Bankruptcy Forms Processing Service” by Victoria Ring, Certified Paralegal. More information is available online at

Victoria Ring is a Certified Paralegal and Notary Signing Agent. She started the first electronic bankruptcy paralegal service on the internet (The Lawyer Assistant) to serve attorneys nationwide. Victoria has authored 17 books and 850 articles since her publishing career began in 1988.

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