周誓超律师代理外贸企业家代位析产纠纷案达成调解，助客户减免债务并解除房产查封

成功案例｜涉外法律｜活动沙龙｜招聘人才

近日，上海兰迪（深圳）律师事务所周誓超律师团队代理的一起债权人代位析产纠纷案件顺利办结。当事人是一位外贸企业主，因出口退税执法政策变化，导致企业经营不善，进而导致其与一位投资人之间的就投资款发生争议并背负高额债务。

本案中，通过一审、二审持续代理及多轮沟通调解，周誓超律师最终协助客户与对方达成一致方案，对方同意免除部分债务。客户及时履行付款义务后，对方撤回全部相关诉讼案件并解除对案涉资产的查封，困扰客户已久的局面得以化解。

本案中，客户此前因另案生效判决需承担较大金额债务。执行过程中，对方查明客户配偶名下存在房产，并申请法院对该房产采取查封措施。此后，对方进一步提起债权人代位析产诉讼，将客户及其配偶一并列为被告，主张确认案涉房产属于夫妻共同财产并确认客户就该房产享有相应份额，以推动后续执行处置。该案不仅使客户面临持续执行压力，也对其配偶的财产权益和正常生活造成较大困扰。

在债权人代位析产诉讼阶段接受委托后，周誓超律师围绕案件事实、财产性质、诉讼风险及整体清偿路径进行了系统梳理。一方面，针对对方通过析产诉讼扩大执行范围的思路，周誓超律师围绕争议焦点持续进行回应与协调；另一方面，综合考虑客户家庭财产安全、案件处理成本及后续执行风险，周誓超律师同步推进和解磋商，争取在控制损失的前提下实现整体性解决。

案件推进过程中，经持续沟通与多轮调解，双方最终达成一致：对方同意对原债务作出较大幅度减让，客户完成付款后，对方撤回全部相关案件并配合解除案涉房产查封。至此，客户及其配偶面临的多重诉讼与执行压力一并消除，案件实现实质性了结。

本案的顺利解决，既有效降低了客户的债务负担，也切实维护了客户配偶的财产权益，体现了周誓超律师在复杂执行衍生纠纷、婚内财产争议及整体性调解化解方面的专业能力和实务经验。

同时，本案也提示各位外贸企业主，在接受投资时务必清晰签署投资协议，明确外贸企业、股东以及投资人之间的权利义务关系，避免产生投资纠纷导致高额损失。

Recently, a creditor’s subrogation and property division dispute handled by Attorney Larry Zhou’s team at Landing (Shenzhen) Law Office was successfully concluded. The client was a foreign trade entrepreneur whose business encountered serious difficulties due to changes in the enforcement of export tax rebate policies, which in turn led to a dispute with an investor over investment funds and resulted in a substantial debt burden.

In this matter, through continued representation at both the first-instance and second-instance stages, as well as multiple rounds of communication and settlement negotiations, Attorney Larry Zhou ultimately assisted the client in reaching an agreed resolution with the opposing party, which agreed to waive part of the debt. After the client promptly fulfilled the payment obligation, the opposing party withdrew all related lawsuits and lifted the seizure over the assets involved, thereby resolving a matter that had troubled the client for a considerable period of time.

Prior to this case, the client had been required under an effective judgment in another matter to bear a significant amount of debt. During enforcement proceedings, the opposing party discovered that the client’s spouse owned a property and applied to the court to seize that property. Thereafter, the opposing party further initiated a creditor’s subrogation action for property division, naming both the client and the client’s spouse as defendants, and sought a judicial determination that the property was marital community property and that the client held a corresponding share in it, so as to facilitate subsequent enforcement and disposition. This action not only subjected the client to continuing enforcement pressure, but also caused substantial distress to the client’s spouse in terms of property rights and normal daily life.

After being retained at the stage of the creditor’s subrogation and property division litigation, Attorney Larry Zhou systematically reviewed the case facts, the nature of the property, litigation risks, and the overall repayment path. On the one hand, in response to the opposing party’s strategy of expanding the scope of enforcement through the property division action, Attorney Larry continuously addressed and coordinated around the key disputed issues. On the other hand, taking into account the security of the client’s family assets, the cost of handling the case, and the risks of subsequent enforcement, Attorney Larry simultaneously advanced settlement discussions in an effort to achieve an overall resolution while controlling losses.

During the course of the case, after sustained communication and multiple rounds of settlement negotiations, the parties ultimately reached an agreement: the opposing party agreed to make a substantial reduction to the original debt, and after the client completed payment, the opposing party withdrew all related cases and cooperated in lifting the seizure over the property involved. As a result, the multiple layers of litigation and enforcement pressure faced by the client and the client’s spouse were eliminated together, and the matter was brought to a substantive conclusion.

The successful resolution of this case not only effectively reduced the client’s debt burden, but also meaningfully protected the property rights and interests of the client’s spouse. It further demonstrated Attorney Larry Zhou’s professional capability and practical experience in handling complex enforcement-related disputes, marital property controversies, and overall dispute resolution through settlement.

At the same time, this case also serves as a reminder to foreign trade entrepreneurs that, when accepting investment, they should ensure that investment agreements are clearly executed and that the rights and obligations among the foreign trade enterprise, its shareholders, and the investor are clearly defined, so as to avoid investment disputes that may lead to substantial losses.