[Direct answer]Generally, there is no need to re-file a case. After terminating the current enforcement procedure, if the applicant for enforcement discovers that the debtor has property available for enforcement, they can submit an application for resuming enforcement to the original enforcement court. After reviewing the application, the court will generally handle it by resuming the original enforcement case, without the need to re-file a case. The applicant only needs to provide the case number, the parties' information, and the newly discovered property clues, along with the corresponding evidence materials. The resumption of enforcement is not subject to the statute of limitations for enforcement applications. It should be noted that if it is intended to add other parties as debtors or to claim shareholder contribution liability in another case, these actions constitute new procedures and require separate applications or lawsuits. In practice, the court's review of the resumption of enforcement focuses on whether the property clues are specific, authentic, and available for enforcement.

1. Problem background and typical scenarios

After the completion of the bankruptcy liquidation, creditors often face difficulties due to procedural issues. Typical scenarios include: not knowing whether to sue again or apply directly after receiving the bankruptcy liquidation ruling; discovering the debtor's assets but worrying that the case has been closed and cannot be initiated; having the application materials returned due to incompleteness and repeatedly supplementing them; and wanting to add shareholder liability but not knowing whether it will be handled jointly. In the Beijing area, the method of resuming enforcement is relatively clear, but due to the verification of property clues and procedural connection, the standardization of materials directly affects efficiency.

II. Key points of contention

First, whether the resumption of enforcement constitutes a new case and whether it requires re-filing and payment of fees. Second, what materials should be submitted when applying for the resumption of enforcement. Third, what are the standards for property clues and how to define them as specific. Fourth, the relationship between the resumption of enforcement and the addition of a judgment debtor. Fifth, how to handle the case after the resumption of enforcement and the subsequent termination of the enforcement agreement. Sixth, how to handle the application for a change in the enforcement applicant or the agency procedures.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a case of liability disputes involving shareholders harming the interests of the company's creditors: Ma * and a certain company obtained a valid judgment for an intermediary contract dispute, ordering the company to return the intermediary service fee of 423,500 yuan. After enforcement, the company had no property available for execution, and the court ruled to terminate the execution process. After verification by the lawyer, it was found that the company's shareholders, Liu * and Zhang *, had not paid the actual capital contributions. Therefore, a lawsuit was filed for the shareholders' liability for harming the company's creditors' interests. The court determined that the company could not repay its due debts and was obviously lack of repayment ability, and had the grounds for bankruptcy but did not apply for bankruptcy. The shareholders no longer enjoyed the benefit of time limitation, and the unpaid capital contributions were subject to accelerated maturity. The judgment ordered Liu * to bear supplementary compensation liability within the scope of unpaid capital of 9 million yuan, and Zhang * to bear supplementary compensation liability within the scope of unpaid capital of 1 million yuan. This case shows that the restoration of the original execution applies to the situation where the debtor has property; if the debtor is a company and the property is insufficient, it is necessary to add or claim the shareholders' liability in another case, which belongs to a new procedure. The two should be distinguished and used in conjunction with each other. For more information on the execution process, please refer to the relevant materials. 恒略律师曾代理一起股东损害公司债权人利益责任纠纷案件：马某与某公司因居间合同纠纷取得生效判决，判令公司返还居间服务费423500元，强制执行后公司无财产可供执行，法院裁定终结本次执行程序。律师核查后发现，该公司股东刘某、张某均未实缴出资，遂另行提起股东损害公司债权人利益责任之诉。法院认定该公司不能清偿到期债务且明显缺乏清偿能力、具备破产原因但未申请破产，股东不再享有期限利益，未到期出资适用加速到期，判决刘某在未出资900万元范围内、张某在未出资100万元范围内承担补充赔偿责任。本案说明：恢复原案执行适用于发现被执行人有财产的情形；若被执行人为公司而财产不足，则需通过追加或另案主张股东责任，属于新的程序，二者应当区分并配合使用。涉及执行程序的可参考Creditor's rights and debts, and enforcementThis is a column. The case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, distinguish the circumstances and find out that the debtor has transferred his/her property to restore the original case, and then pursue the shareholders' responsibility to add or file a separate case; Second, prepare the application for resuming execution, the final judgment of the litigation and the evidence of new property; Third, the clues should be specific, such as the location of real estate, account number, and share registration information, etc.; Fourth, apply for investigation and control measures simultaneously to prevent the transfer of property; Fifth, keep the proof of submission and reply, and follow up the progress of the review in time. For matters related to the execution process, you can refer to the relevant provisions.Creditor's rights and debts, and enforcement; For issues involving the responsibilities of company shareholders, you can refer to the relevant provisions of the Company Law of the People's Republic of China.Business and contract disputes in enterprisesColumn. Legal basis: The provisions on enforcement procedures in the Civil Procedure Law of the People's Republic of China, and the relevant provisions of the Supreme People's Court on strictly regulating the termination of this enforcement procedure and the change and addition of parties in civil enforcement. The specific application shall be subject to the currently effective laws, regulations and judicial decisions.

5. Henglu Law Firm's Reminder

Firstly, the resumption of enforcement and the accountability for another case are two different procedures and should not be confused. Secondly, the resumption of enforcement does not require re-filing a case, but the materials must be standardized and the clues must be specific. Thirdly, to add the debtor or claim shareholder liability in another case, an application or lawsuit must be filed separately. Fourthly, to prevent the transfer of assets, the resumption of enforcement and the investigation and control of assets should be carried out simultaneously. If you are facing similar problems, you can contact us for assistance.Creditor's rights and debts, and enforcementYou will receive a comprehensive solution for the service, which can be combined with corporate responsibility if necessary.Business and contract disputes in enterprises板块。

VI. Frequently Asked Questions

Q1: Is the resumption of execution considered a new case?

Generally, it's not considered a new case. If an application for resuming the enforcement procedure is made after the termination of the current enforcement procedure, the enforcement procedure will usually be resumed on the basis of the original enforcement case, without the need to re-file the case or pay the case acceptance fee separately. The applicant can simply submit the application for resuming the enforcement procedure and the materials of the property clues to the original enforcement court. If a new liability subject is sued separately, it will be considered a new case and will be handled in accordance with the new case procedures.

Q2: What materials are required to apply for the resumption of enforcement?

Generally, it is necessary to provide the application for resuming execution, the effective legal documents and the final decision on the execution of the debtor's property, the applicant's identity or qualification certificate, as well as evidence proving the existence of new property, such as real estate registration information, bank account clues, vehicle information or equity registration materials. It is recommended to state the case number and the specific property subject in the application, so as to facilitate the court's quick verification and handling of the case.

Q3: How long will it take to resume execution?

There is no unified time limit. After receiving the application, the court will verify the property clues and resume enforcement if it deems that there are indeed enforceable assets. Since the verification involves offline inquiries and system comparisons, the duration varies from case to case. To improve efficiency, applicants can provide as much specific information and evidence as possible, cooperate with the court in supplementing materials, and, if necessary, inquire about the progress and request written reminders from the court.

Q4: Do I need to pay the execution fee again if I want to resume the execution process?

Generally, there is no need to make separate payments. The resumption of enforcement is a continuation of the original enforcement case and does not constitute a new enforcement case. However, if a new lawsuit is filed or an application is made to add a new party to be enforced against, it may be necessary to handle the relevant fees in accordance with the regulations. The specific requirements shall be subject to the acceptance court's requirements. It is recommended to confirm with the court's enforcement department before submitting the materials.

Q5: Can the recovery of execution and the addition of an additional party subject to execution be done simultaneously?

It can be carried out in conjunction with each other, but they belong to different procedures. The resumption of enforcement is aimed at the identified debtor's property; to add a debtor, it is necessary to apply separately according to the conditions stipulated in the judicial interpretation, and the court will make a ruling after review. If the debtor is a company and its assets are insufficient, the possibility of adding shareholders can be evaluated at the same time as the resumption of enforcement, and the process can be advanced in parallel.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.