For the above statement, FF has not been officially disclosed, and surging journalists have not been able to contact more Jia Yueting creditors for comment. At present, there is no news that Jia Yueting Creditor Committee has been established publicly.
However, according to people involved in Lexin Holdings Debt Group, as far as they know, Jia Yueting has been planning relevant debt repayment schemes in order to solve the personal debt problem thoroughly and make FF.
Jia Yueting Visual Chinese Data Map
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Lexus Holdings is under the flag of Jia Yueting. At present, the domestic debt problem of Jia Yueting is mainly handled by the Lexus Holding Debt Group.
Regarding Jia Yuetings application for personal bankruptcy and reorganization in the United States, a person concerned with Lexin Holdings Debt Group said: Although it is not clear about the specific progress, as far as I know, Mr. Jia Yueting has been planning the relevant debt repayment plan before. The reason why he is willing to make such a huge personal sacrifice and abandon all personal assets transfer to creditors is to fulfill his duty to the end and thoroughly solve the problem. Resolve the personal debt problem and make FF.
According to the person, Jia Yuetings personal debt is very small, a large amount of debt guaranteed by individuals for the company, and has repaid more than 20 billion yuan. Earlier, people close to FF said that Jia Yueting also planned to set up a personal debt repayment trust fund as a domestic debt repayment fund.
At present, it is not clear how much voice Jia Yueting will have in FF if the aforementioned bankruptcy application falls.
According to reports, there are two ways of bankruptcy liquidation (Chapter7) and bankruptcy reorganization (Chapter11) under the legal framework of the United States. Jia Yueting applied for bankruptcy restructuring (Chapter11).
Chapter11 refers to the situation that the enterprise or individual is insolvent at present, and the law allows the debtor to propose a reorganization plan to the creditor to defer repayment in a way of asset protection.
Chapter 7 means that an enterprise or individual declares bankruptcy and is taken over by the liquidation team, which liquidates, evaluates, processes and distributes the assets of the company or individual.
Earlier, media reports said that some creditors tried to obtain the rights of their claims by freezing and auctioning the FF shares held by Jia Yueting.
The reporter inquired about this matter to the above-mentioned people close to Jia Yuetings creditors, who said, This method is extremely unfair to the vast majority of creditors, other creditors are not even able to get repayment opportunities, and all creditors hope to maximize the value of assets after FF success and get full debt repayment. He said that this should be Jia Yuetings application for bankruptcy restructuring of the inherent secret, but also for other creditors to be treated equally.
Creditor will obtain all personal assets and income rights of Jia Yueting in advance
In addition, according to people familiar with the matter, after submitting personal bankruptcy restructuring, Jia Yueting will take the initiative to provide additional special protection to creditors. Among them, all domestic creditors still retain the right to dispose of the frozen assets of Jia Yuetang and other debtors; former Lexin related enterprises and other original debtors will continue to fulfill their debt repayment obligations; compared with the original claim to Jia Yuetang through the security procedure, creditors through the creditor trust now have obtained all the assets and income rights of Jia Yuetang in advance. Creditors will also have equal rights and the right to pay their debts in full in the future.
Creditor trust has enhanced our confidence in full debt repayment by getting all of Jia Yuetangs personal assets and earnings rights in advance, as opposed to only asking Jia Yuetang for debt repayment through security rights, said Jia Yuetangs creditors. After Jia Yuetangs crisis, I did not pursue it vigorously. On the one hand, I always recognized and supported his dream, on the other hand. Face, I have also experienced the pains of entrepreneurship, and know that entrepreneurship is not easy.
Since his arrival in the United States in July 2017, Jia Yuetings personal energy has mainly focused on the development of Faradays future (FF), which has become the backing of Jia Yuetings reversal. The creditor trust controlled by Jia Yuetings personal debt creditor is closely related to the asset value of FF. In September, FF announced the appointment of BYT founder Bi Fukang as CEO of the world to replace Jia Yueting, founder of FF who resigned from the post. Jia Yueting will be transferred to the CPU of FF (Chief Product and User Officer).
The above creditors believe that after the completion of the scheme of personal bankruptcy restructuring and creditor trust, Jia Yueting has solved the problem of personal debt. He will continue to promote and realize the maximum value of FF equity assets and creditor trust assets in the capacity of FF founder and CPUO, so that creditors can achieve the goal of repayment through the increment of trust assets.
It is worth mentioning that, according to the current legal requirements of China, bankruptcy liquidation or bankruptcy reorganization are only for enterprise entities, and the relevant legal formulation of individual bankruptcy liquidation and individual bankruptcy reorganization is still in progress. In July 2019, the national development and Reform Commission and other 13 departments jointly issued the reform plan for accelerating the improvement of the withdrawal system of market entities, proposing to study and establish the personal bankruptcy system.
Compared with the personal bankruptcy reorganization (Chapter 11) applied by Jia Yueting, Cai Mou has obtained the opportunity of low debt repayment by the way similar to the personal bankruptcy liquidation (Chapter 7). This case also means that the relevant legal system is being explored in China.