[Direct answer]Yes, it's possible. When the debtor transfers property at a clearly unreasonably low price, accepts the transfer of others' property at a clearly unreasonably high price, or provides guarantees for others' debts, which affects the creditor's ability to realize their claims, and the counterparty knows or should have known about this situation, the creditor may request the people's court to revoke the debtor's act in accordance with Article 539 of the Civil Code of the People's Republic of China (effective from January 1, 2021). To determine whether it constitutes a "clearly unreasonably low price", it is usually determined based on the market price of the transaction location at the time of the transaction, the transaction background, the relationship between the parties, and the payment method, etc., rather than just looking at the surface price of the contract. The action goal is to collect evidence of the low-price transfer in a timely manner and file a lawsuit within the statutory preclusion period.

I. Problem Background and Typical Scenarios

The debtor's transfer of property to evade debts is an important reason for difficulties in enforcement. Common methods include transferring real estate, vehicles, and equity at low prices, or colluding with related parties in transactions. If the creditor discovers that the debtor disposed of property at an obviously low price during the debt period, he/she may request the revocation of the act, so that the transferred property can return to an enforceable state, thus creating conditions for recovering the money.

II. Key points of dispute

First, whether it constitutes an "obviously unreasonable low price". Second, the subjective state of the counterparty: whether they know or should have known. Third, whether it actually "affects the creditor's ability to enforce their claim". Fourth, the scope of exercise of the right of revocation and the statutory period. Fifth, whether the transfer has been registered and whether it involves the interests of third parties.

III. Professional analysis by Henglue Lawyers

The establishment of the creditor's right of revocation requires the concurrent fulfillment of objective and subjective conditions. Objectively, there must be a causal relationship between the debtor's disposition act and the existing creditor's rights or the obstruction of creditor's rights realization; subjectively, in the case of low-price transfer, the counterparty must know or should have known about it. In practice, the determination of "obviously unreasonable low price" is usually based on the market price of the transaction place at the time of the transaction, combined with the transaction background, the relationship between the two parties, and the payment method, rather than just looking at the surface quotation of the contract. When handling such cases, Henglue Lawyers usually first fix the transfer contract between the debtor and the counterparty, the payment vouchers, and the market price materials, and then combine the formation time of the creditor's rights and the changes in the debtor's solvency to demonstrate that the disposition act has indeed damaged the creditor's rights. If there are long-term fund transactions between the debtor and the counterparty, and the transaction price is obviously deviating from the market, they can also claim malicious collusion based on other evidence. It should be noted that the right of revocation should be exercised within one year from the date when the creditor knows or should have known about the revocation grounds, and if the right is not exercised within five years from the date of the debtor's act, the right will be extinguished. This means that after discovering clues, the creditor should initiate the procedure as soon as possible and not wait and see, otherwise they may lose the remedy due to the expiration of the time limit.

IV. Practical suggestions and legal basis

Action List: 1. Retrieve the transfer contract, payment receipts, and industrial and commercial registration information to verify the actual transaction price; 2. Collect materials on market prices during the same period and compare whether the price is significantly unreasonably low; 3. Review the time of creditor's rights formation and the debtor's property changes to demonstrate the impact on the realization of creditor's rights; 4. File a lawsuit for revocation rights within the exclusion period and, if necessary, apply for property preservation; 5. Verify the current ownership of registered real estate and equity and whether they have been disposed of again to prevent secondary transfer of assets. In addition, property preservation can be applied for simultaneously in the revocation rights lawsuit to prevent the transferred assets from being disposed of again; for real estate and equity that have already been registered, their current status can be verified through real estate registration information and industrial and commercial archives, laying the foundation for subsequent enforcement. Main legal basis: Articles 538, 539, and 541 of the Civil Code of the People's Republic of China (effective from January 1, 2021); specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

The three-sentence rule for revoking a low-price transfer: first, check whether the price is significantly deviating from the market; second, determine whether the counterparty is aware of it; and finally, assess whether it affects the enforcement of the creditor's rights. The right of revocation is subject to a time limit, and action should be taken immediately upon discovery. For matters involving creditor-debtor relations and enforcement, you can seek assistance through legal channels.Creditor's rights and debts, and enforcementWe provide a comprehensive solution for services, which involves the integration of the company's equity and related transactionsBusiness and contract disputes in enterprisesFor plate-based projects, the verification of property rights involved in real estate transactions can be referred to for reference.Property transactions and construction projectsFor inquiries about the legal procedures for debt collection in enterprises, please feel free to consult usIntellectual property and corporate lawFor teams involved in cross-border asset transfers, please feel free to contact us for more information.Finance and cross-border businessFor any questions or difficulties, please contact us via the column.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the debtor sells the house at a low price, can the transaction be revoked?

If it can be proven that the transfer of property at a clearly unreasonably low price was made, and the transferee knew or should have known about it, and this action affected the creditor's ability to recover the debt, the creditor may request the court to revoke this transfer action.

Q2: What evidence do I need to prepare?

The transfer contract, payment receipts, materials showing the market price at the same period, creditor's receipts, and clues to the debtor's property changes are used to prove the fact of low price and the counterparty's subjective state.

Q3: How are attorney fees generally calculated?

It is usually determined through negotiation based on the amount of the subject matter, the difficulty of collecting evidence, and the workload. The fee structure and the schedule of work can be clarified in advance.

Q4: How long does the entire process take?

It usually takes several months, depending on the progress of the evidence collection and trial. If it involves preservation of evidence, appraisal, or appeals, the timeframe will be extended accordingly.

Q5: What should I do now?

Fix the evidence of the transaction price and market price as soon as possible, verify the time when the creditor's rights were formed, and consult a lawyer within the statutory period to decide whether to initiate a lawsuit for the right of revocation.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudicative approaches in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.