刁星尹 Lawyer

Diao Xingyin

Attorney Diao’s practice focuses on litigation for financial institutions and civil and commercial litigation cases. He primarily handles banking and financial litigation, covering the entire process including due diligence, litigation, enforcement, notarization of debt instruments, and enforcement objections. He has considerable experience in handling bank loan recovery cases, providing legal services such as loan recovery and asset disposal to multiple Chinese and foreign banks. He has also led or participated in several cases where financial institutions were defendants, such as fund manager liability disputes and sales contract disputes. Additionally, he is adept at handling enforcement objection cases.

Long-term provision of legal services for litigation, notarization, and enforcement in financial loan cases to both Chinese and foreign banks and asset management companies, such as Standard Chartered Bank, Bank of Nanjing, HSBC, China Orient Asset Management, among others.

Represented a bank in a financial loan contract dispute case against Zhang XX and others. Due to the failure of an out-of-town court to issue a distribution plan after auctioning the mortgaged property, enforcement distribution objections arose. Through multiple proceedings including enforcement objections, enforcement objection reconsiderations, enforcement supervision, and enforcement objection lawsuits (first instance, second instance, retrial), efforts were made to protect the bank's mortgage creditor rights. The case has now been successfully accepted for retrial by the Supreme People's Court.

A bank's letter of credit margin deposit was frozen by an out-of-town court. By simultaneously advancing enforcement objection proceedings and proceedings for realizing security interests, the freeze on the margin deposit was successfully lifted for the bank.

Participated in an equity investment dispute between a private equity fund and a real estate company. After the first-instance court determined the legal relationship to be one of "equity in form, debt in substance" (disguised debt), the second instance, through clarifying the legal relationship, organizing expert opinions, conducting case research, and other methods, ultimately led the appellate court to recognize the legal relationship as a mixed contract dispute. The second-instance judgment was revised, resulting in a reversal from loss to victory.

Represented a private equity fund in an equity investment dispute case with a real estate company. Within three months of entering the enforcement phase, successfully collaborated with the enforcement judge to dispose of shares held by the judgment debtor, a listed company, and successfully recovered a significant portion of the debt.

Represented an asset management company in a fund contract dispute with a natural person investor. Through evidence presentation and multi-party negotiations with the investor and the court, an out-of-court settlement was ultimately reached, involving a third party acquiring the investor's fund units. As a result, the natural person withdrew the lawsuit.

A loan contract dispute involving numerous parties and secured assets was successfully resolved. All asset preservation measures were completed within one month, and by clarifying case facts and guarantee resolutions for the court, a favorable judgment was ultimately secured.