[Direct answer]Yes. Terminating the current enforcement procedure means that after exhausting all property investigation measures, the court finds that the debtor truly has no property available for enforcement, and temporarily ends the current enforcement procedure in accordance with the law, but this does not exempt the debtor from their obligations. After the termination of the enforcement procedure, the debtor will still be subject to measures such as being added to the credit blacklist, having their high-consumption activities restricted, and being subject to travel restrictions. The relevant information will be included in the credit record, which may affect financing, bidding, and travel. If the creditor discovers new clues to the debtor's property, they can apply for resuming enforcement at any time, and this is not subject to the time limit for applying for enforcement. In addition, if eligible, they can also legally add shareholders who have not paid their actual contributions or withdrawn their contributions, or claim that the contributions have accelerated maturity, and bear responsibility within the unpaid scope to expand the sources of property available for enforcement.

1. Problem background and typical scenarios

Creditors win lawsuits but fail to collect the money on time, which is the most common dilemma in enforcement practice. After online investigation and offline investigation by the court, it was found that the debtor had no enforceable property. According to the law, the court ruled to terminate the enforcement procedure. Many debtors mistakenly believe that they can rest easy from then on and even continue to operate and consume as usual. Typical situations include: the debtor has no deposits or vehicles under his name, but he is still operating or consuming lavishly; the property is registered under the name of his spouse or relatives, but it is actually controlled by the debtor; the company, as the debtor, has no assets, but the shareholders have not paid in the capital for a long time; after many years of enforcement, the creditor finds that the debtor has purchased new property or recovered the project funds. In Beijing, the courts usually combine multiple methods such as online investigation, credit punishment, and adding additional subjects to enforce the creditor's rights as much as possible.

II. Key points of contention

First, whether measures such as being added to the list of defaulters, having their high-consumption behavior restricted, and being subject to travel restrictions will continue to be effective after the conclusion of the bankruptcy proceedings. Second, whether the conclusion of the bankruptcy proceedings means the complete termination of the enforcement case and whether enforcement can be resumed. Third, how to determine the conditions for resuming enforcement and the application deadlines. Fourth, whether the applicant for enforcement can request to add the defaulter to the list of defaulters and restrict their consumption. Fifth, whether the company's shareholders who have not fully paid their subscribed capital can be sued when the company has no assets, and whether the subscribed capital can be accelerated to maturity. Sixth, whether the defaulter's assets held in others' names or transferred assets can be recovered. Seventh, the continuous impact of the bankruptcy proceedings on the defaulter's credit and business operations. These issues determine whether the creditor's rights can ultimately be realized.

III. Professional analysis by Henglue Law Firm

In a shareholder liability dispute for harming the interests of the company's creditors handled by Henglue Law Firm, the creditor was confirmed by a valid judgment that the company should return more than 420,000 yuan in intermediary service fees. After the company appealed, its appeal was automatically withdrawn. After the judgment took effect, the company failed to fulfill its obligations. After applying for enforcement, the case was terminated due to no assets available for enforcement. The lawyer investigated the industrial and commercial archives and found that the company's two shareholders each subscribed to a capital contribution of 9 million yuan and 1 million yuan, with the subscription period ending in 2039. There were no records of actual payment in the archives. The lawyer argued that the company, as the party subject to enforcement, has exhausted all means of enforcement, has no assets available for enforcement, and meets the criteria for bankruptcy but does not apply for bankruptcy. Therefore, the shareholders no longer enjoy the benefit of the subscription period, and the unpaid capital contributions should be accelerated to maturity. The lawyer then initiated a lawsuit for shareholder liability for harming the company's creditors. The court adopted the lawyer's opinion and ruled that the two shareholders should bear supplementary compensation liability for the company's unpaid debts within the unpaid amounts of 9 million yuan and 1 million yuan, respectively. This case shows that the final enforcement is not the end of creditor's rights. By adding liability subjects, enforcement opportunities can still be opened up. This case was handled by Beijing Henglue 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

Practical suggestions: First, do not give up after the completion of the bankruptcy liquidation process, and continue to collect clues about the debtor's and his related parties' assets; Second, apply to the court to take measures such as restricting the debtor's high-consumption, adding him to the list of dishonest people, and restricting his exit from the country; Third, if new clues about the debtor's assets are found, submit evidence in time to apply for the resumption of enforcement; Fourth, investigate the debtor's company's shareholders' investment situation, and claim the accelerated maturity of the investment if the conditions are met; Fifth, pay attention to whether the debtor holds assets in the name of others or transfers assets at no cost or at a low price, and, if necessary, initiate actions for rescission or confirmation of rights; Sixth, if there are related transactions and property transfers involved, you can apply for an audit or investigation to collect evidence. For more details, please refer to the services on the platform.Creditor's rights and debts, and enforcement、Business and contract disputes in enterprises、Property transactions and construction projects、Special servicesAndCriminal defense and criminal case filingLegal basis: The provisions on enforcement procedures of the Civil Procedure Law of the People's Republic of China, the "Regulations on Strictly Regulating the Termination of This Enforcement Procedure (Trial Implementation)" issued by the Supreme People's Court (effective since December 1, 2016), the "Regulations on Restricting the High Consumption of Debtors and Related Consumption" (amended in 2015) and the "Regulations on the Disclosure of Information on Debtors Who Have Failed to Honor Their Obligations" (amended in 2017). The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the termination of the enforcement process is only a temporary end to the current enforcement procedure, and the debt has not been extinguished. Secondly, measures such as being added to the list of dishonest individuals and being subject to restrictions on high-consumption activities will still be in effect after the termination of the enforcement process, continuing to have an impact on the debtor's operations and daily life. Thirdly, the resumption of enforcement can be initiated at any time, but new clues and evidence regarding the debtor's assets are required. Fourthly, when a company has no assets, the shareholders' contributions often become a breakthrough point, and it is necessary to investigate and claim accelerated maturity in a timely manner. Fifthly, attention should be paid to any abnormal movements of assets under the names of the debtor's relatives and affiliated companies, in order to prevent the transfer of assets.

VI. Frequently Asked Questions

Q1: What does "终本" mean?

Terminating the enforcement procedure means that the court, after exhausting all property investigation measures, confirms that the debtor has no property available for enforcement, and temporarily ends the enforcement procedure in accordance with the law. It is a procedural measure, which does not exempt the debtor from his/her debts and related restrictions, nor does it affect the resumption of enforcement if any property is found in the future.

Q2: After the final repayment, can the debtor still take flights or high-speed trains?

Restrictions. If the person subject to enforcement is subject to measures restricting high-consumption activities, they are generally not allowed to take flights, soft sleeper train tickets, or first-class seats on high-speed rail, nor are they allowed to engage in high-consumption activities. Whether to adopt such measures is decided by the court. Creditors can actively apply for these measures and provide clues about the person subject to enforcement's high-consumption activities.

Q3: Can the enforcement be resumed after the termination of the litigation financing agreement?

Yes. If the applicant for enforcement discovers that the person subject to enforcement has clues to assets that can be enforced, he/she may submit evidence to the court at any time to apply for resuming enforcement, without being restricted by the expiration of the statute of limitations for applying for enforcement. The more specific the clues to the assets are, the more conducive it will be for the court to quickly investigate, control, and dispose of them.

Q4: If the company has no assets, can the shareholders be sued?

This can be claimed. If the company has no assets after exhausting all enforcement measures, and it meets the criteria for bankruptcy but does not file for bankruptcy, the shareholders who have not paid their subscribed capital will no longer enjoy the benefit of the time limit. The subscribed capital will be due immediately, and the shareholders should bear supplementary compensation liability for the company's unpaid debts within the scope of the unpaid capital. They can file a lawsuit separately to confirm this.

Q5: Will the Termination of the Execution of the Debt affect the credit rating of the person subject to enforcement?

Yes. After the debtor is included in the list of dishonest people or subject to consumption restrictions, the relevant information will be collected and uploaded to the credit information platform, which may affect their ability to obtain loans, financing, participate in bidding and tendering, and hold certain positions. If the debtor fulfills their obligations or reaches a settlement with the applicant for enforcement and performs the agreement accordingly, they may apply to have the relevant restrictions removed or lifted.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other 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 evidence materials, 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. If you encounter disputes, please consult a practicing lawyer in time.