John J Rapisardi Binghao Zhao China's Enterprise Bankruptcy Law (EBL) is coping with business failures as the recession progresses. In the case of very large companies, the EBL has begun to have some impact and prevented complete chaos from taking hold. The EBL also makes China the first Asian country to adopt a US-style bankruptcy regime. Like Chapter 11, the EBL treats local and foreign creditors equally and creditors with security over the entity's assets enjoy a priority status in repayment to the extent of the secured collateral. Previously, the Enterprise Bankruptcy Law of the People's Republic of China (For trial implementation) – which was in existence prior to the enactment of the EBL – focused on liquidating assets and lumped all creditors together, putting them behind employees and most unsecured domestic claimants.
June 02 2010