Anatomy of a Chinese Debt Collection

Written by Zhao Xiomei

Introduction In late June of 2003, I received an e-mail from Daniel Harris, who introduced himself as maritime lawyer from Seattle. He had found me throughrepparttar internet and was asking me whether I was interested in helping arrest transshipped cargo in Dalian. I was excited aboutrepparttar 119286 task and I surfed Dan's website and learned Dan owns a small international law firm in Seattle, called Harris & Moure ( I replied to him immediately and sent him some relevant provisions concerning cargo arrests under China legal system. He was very happy with my prompt and helpful reply and we soon were working together onrepparttar 119287 case. He later told me he was so impressed with my responses that he had picked me over numerous other lawyers throughout China.

Brief ofrepparttar 119288 case OOO Bolshoretskoe is a Russian fishing company that sold 400 Tons of pollock worth around US$700,000 to Alimex Seafood A/S, a Danish company. The pollock was scheduled to be transshipped from Dalian to Europe. Alimex had not yet paid Bolshoretskoe forrepparttar 119289 product. Bolshoretskoe owed Daxin Petroleum Pte, Ltd., a Singapore fuel supply company, around US$400,000 for fuel. M/V IVAN POLZUNOV,repparttar 119290 vessel carryingrepparttar 119291 pollock, was scheduled to call on Dalian on 4 July, 2003. Our task was to seizerepparttar 119292 pollock for Daxin to get Bolshoretskoe to pay its debt.

Bolshoretskoe's debt to Daxin arose in July and December, 2002, when Daxin supplied bunker products for two Russian fishing vessels, TOSNO and PHOENIX. To secure these fuelings, Bolshoretskoe signed a guarantee letter to Daxin in which "Bolshoretskoe assigns all receivables resulting from production, deliveries and selling of Salmon or Pollock on/from board of F/T PHOENIX in favor of Daxin forrepparttar 119293 amount ofrepparttar 119294 bunker supply. In addition, Bolshoretskoe agrees that property title to salmon or pollock products coveringrepparttar 119295 amount ofrepparttar 119296 bunker shall pass to Daxin immediately upon processing and/or storage ofrepparttar 119297 products on board of PHOENIX.

Daxin was not paid on its two fuel deliveries, and Bolshoretskoe was refusing to pay. It is estimatedrepparttar 119298 TOSNO and PHOENIX owed a combined total of around $20 million in unpaid debt to various creditors.

Intensive and orderly preparation for cargo arrest After studyingrepparttar 119299 relevant documents and analyzingrepparttar 119300 entire history ofrepparttar 119301 case, we determined that either Bolshoretskoe or Alimex would pay Daxin if we arrestedrepparttar 119302 cargo in China. So we set about to do just that.

First, we prepared all necessary legal documents pursuant to Chinese law. Due torepparttar 119303 various different legal systems and languages involved (China, Russia, Singapore andrepparttar 119304 United States), our preparations were extremely time consuming. As we were preparing our documentation and firming up our strategies, Dan was also preparing to come to Dalian.

However,repparttar 119305 day before Dan was to leaverepparttar 119306 United States, he learned thatrepparttar 119307 pollock's transport vessel,repparttar 119308 IVAN POLZUNOV, had secretly changed its plans in an effort to avoid arrest. It would not be calling Dalian on July 4, 2003; it would be calling Qingdao on July 8, 2003. Because all legal documents had been prepared forrepparttar 119309 Dalian Maritime Court, Bolshoretskoe's change in plans necessitated we completely change our plans also. With time so much ofrepparttar 119310 essence, we asked Sunfanlong, who works in Qingdao Wincon law firm, to work with us and we transferred all legal documents to him.

Successful Arrest ofrepparttar 119311 cargo On July 7, 2003, Dan arrived in Qingdao. The IVAN POLZUNOV arrived in Qingdaorepparttar 119312 next day and began to discharge 15 containers of pollock for transshipment to Europe. Whenrepparttar 119313 judge, Wincon's lawyer and Dan saw thatrepparttar 119314 containers were being offloaded on trailers for transport torepparttar 119315 container terminal, they went straight torepparttar 119316 terminal to deliverrepparttar 119317 arrest papers on all 15 containers. However, after waiting nearly five hours atrepparttar 119318 terminal and waiting well intorepparttar 119319 night, only three containers had arrived and been arrested. Nobody seemed to know what had happened torepparttar 119320 other twelve containers. We were concerned Bolshoretskoe and/or Alimex had learned of our arrest warrant and had hiddenrepparttar 119321 other twelve containers. Adding to our worries was that we had by now learned that Alimex was to ship all 15 containers to Europerepparttar 119322 very next day. We checked everywhere forrepparttar 119323 missing twelve containers. We checked with various trucking companies. We checked all aroundrepparttar 119324 terminal. Nothing. Eventually, we learned thatrepparttar 119325 twelve containers had been inrepparttar 119326 terminal all along, but had been issued separate bills of lading fromrepparttar 119327 first three and placed in a somewhat separate area. We had succeeded in arresting all fifteen containers.

After our having engaged in twelve days of intensive e-mail and telephone communication together, Dan showed up at Dalian's airport. His high praise of our work conveyed his satisfaction of our efficient job. Dalian and Qingdao's picturesque scenery and modern city construction impressed Dan deeply and changed his previous imagination regarding this part of China. He lovedrepparttar 119328 food and our culture and talked about returning some day with his family on holiday.

Hard success to acquire guaranty and liftrepparttar 119329 arrest Now that we hadrepparttar 119330 pollock under arrest, we would need to maintain it in its frozen condition atrepparttar 119331 terminal. Pollock is a valuable fish andrepparttar 119332 costs and risks duringrepparttar 119333 arrest period were high. The sooner we could resolverepparttar 119334 dispute,repparttar 119335 soonerrepparttar 119336 fish would be on its way, andrepparttar 119337 better it would be for all parties.

The day after we arrestedrepparttar 119338 cargo, we received a letter from Alimex's lawyers in Denmark, claiming Alimex ownedrepparttar 119339 arrested cargo, not Bolshoretskoe, and threatening Daxin with criminal action. Alimex's lawyers copied this letter torepparttar 119340 court and to Daxin. Though confident that it was inrepparttar 119341 right, this threat of criminal action did not sit well with Daxin. We replied to Alimex's lawyers by lecturing them on Chinese and international law and by declaring that Alimex would suffer even more losses if it insisted on pursuing litigation in China instead of cooperation. The reaction from Alimex's lawyers was overwhelming. They wrote me a letter filled with furious and derogatory words and stated they would never communicate directly with us again. The case had fallen into deadlock.

How to Start an Online Bankruptcy Forms Processing Service

Written by Victoria Ring

How to Start an Online Bankruptcy Forms Processing Service by Victoria Ring, Certified Paralegal

Due torepparttar dramatic increase in technology, business professionals now haverepparttar 119285 ability to outsource their skills and earn extra money working from home as a bankruptcy forms processor. Unlike an attorney or notary public, a bankruptcy forms processor does not have jurisdictional limits. In other words, a bankruptcy forms processor could live in Yellow Springs, Ohio and prepare bankruptcy petitions, pleadings, Motions and other court documents for attorneys practicing in California, New York or any other U.S. state.

In fact, a bankruptcy forms processor can set up a bankruptcy business in their home with very little money and earn a full-time income very quickly. This concept has also openedrepparttar 119286 door for attorneys practicing in other areas of law to open a sideline bankruptcy practice, and many of these attorneys seek a freelance forms processor to process their paperwork for them.

This is where you as a bankruptcy forms processor can fill a need that is becoming more popular as electronic filing procedures become morerepparttar 119287 norm. In fact, some states now require electronic filing of all court documents. Paper documents are only accepted byrepparttar 119288 court from consumers or in other rare circumstances. It will not be long before allrepparttar 119289 states will have electronic filing procedures in place and those resistingrepparttar 119290 change will be left behind.

A typical bankruptcy forms processing business might operate like this:

1. Client either downloads or is emailed a set of Client Intake Forms in PDF format to print and fill out at their leisure.

2. Client will fax or email their completed forms torepparttar 119291 attorney or forms processor for review. Ifrepparttar 119292 attorney decides to acceptrepparttar 119293 bankruptcy case,repparttar 119294 forms processor can begin draftingrepparttar 119295 bankruptcy petition fromrepparttar 119296 information provided onrepparttar 119297 Client Intake Forms.

3. Areas ofrepparttar 119298 Client Intake Forms that are not properly completed byrepparttar 119299 client or containing statements that require a more detailed answer would be easy to take care of. The forms processor or attorney will simply call uprepparttar 119300 client and obtainrepparttar 119301 information. No appointment would be necessary.

4. Afterrepparttar 119302 drafting ofrepparttar 119303 bankruptcy petition,repparttar 119304 forms processor savesrepparttar 119305 document in PDF format and sends it torepparttar 119306 attorney as an attachment on an email.

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