ENG

  • Nafisa Nihmat

    Equity Partner / Shanghai

  • Tel +86-21-6061-3666

    Email naifeisha@zhonglun.com

  • Practices

    Bankruptcy-Insolvency & Reorganization, Litigation & Arbitration, Debt Restructuring & Non-performing Assets

  • Industries

    Banking & Financial Services

CV

Nafisa Nihmat

Nafisa is one of the most famous expert lawyers in the field of bankruptcy restructuring and liquidation in China. She holds Master of Economic Law degree from East China University of Political Science and Law and Master of Comparative Law degree of Emory University. Currently she serves as an arbitrator of Shanghai Arbitration Commission, a member of International Association of Restructuring, Insolvency and Bankruptcy Professionals (INSOL International), a director of Finance and Tax Law Society of Shanghai Law Society, a member of Bankruptcy and Non-performing Assets Committee of Shanghai Lawyers Association, a member of Publicity Committee of Shanghai Bankruptcy Administrators Association, a lecturer at Qingdao Lawyer Institute. Also, she has served as a former representative of the People’s Congress of Shanghai, Pudong New Area.
Nafisa is honored as “Recognized Practitioner - Restructuring/Insolvency (PRC Firms)” by Chambers Asia-Pacific, “The A List: China’s Top 100 Lawyers” by China Business Law Journal, “Up and Coming Lawyer” by Chambers Greater China Region Guide for many years. She has handled complex bankruptcy restructuring and distressed M&A cases which induced wide influence both at home and abroad. For example, (1) in 2016, Fengli Group Co., Ltd. and Its 28 Affiliates’ Consolidated Bankruptcy Restructuring Case led by her have been awarded as “typical cases” by provincial courts in China and by famous assessment agencies; (2) Zhoushan Haozhou Group Co., Ltd. and Its 11 Affiliates’ Consolidated Bankruptcy Restructuring case was recognized as Top 10 Typical Bankruptcy Cases of Zhejiang Province in 2019 and Top 10 Excellent Performing Cases of Bankruptcy Administrator Association of Zhejiang Province in 2019. In this case, her team was acted as the leader of the bankruptcy administrators; (3) Shandong Tranlin Group Co., Ltd. and Its 22 Affiliates’ Consolidated Bankruptcy Restructuring Case was recognized as Top 10 Typical Bankruptcy Cases of Shandong Province in 2021. In this case, her team advised the bankruptcy administrator in the whole restructuring proceeding.
On November 19th, 2018, Nafisa was honored as “Recognized Practitioner - Restructuring/Insolvency (PRC Firms)” by Chambers Asia-Pacific. She was the only newly added lawyer in the field of bankruptcy and restructuring in 2019 Asia-Pacific Guide, and later was honored as “Recognized Practitioner - Restructuring/Insolvency (PRC Firms)” in 2020, 2021 and 2022.
On February 27th 2019, Nafisa attended and shared her insights of the practice of bankruptcy law in China at the 6th Asia-Pacific Regional Forum Biennial Conference held by IBA as the only Chinese speaker for insolvency sub-forum.
Nafisa also achieved accomplishments such as “The A List: China’s Top 100 Lawyers” by China Business: Law Journal 2017, 2018, 2019, 2020 and 2022; “ALB China Top 15 Female Lawyers” by Asian Legal Business (“ALB”) 2021; “Rising Star of the Year” by IFLR1000 2021 and “Up and Coming Lawyer” by Chambers Greater China Region Guide 2022.

Representative Matters

  • Representative Matters" "Fengli Group Co., Ltd. and Its 28 Affiliates’ Consolidated Bankruptcy Restructuring (recognized as “Deals of the year 2016" by China Business Law Journal): Advised the bankruptcy administrator in the whole restructuring proceeding and assisted in achieving debt restructuring with total debt of more than tens of billions CNY;

  • Zhoushan Haozhou Group Co., Ltd. and Its 11 Affiliates’ Consolidated Bankruptcy Restructuring (recognized as Top 10 Typical Bankruptcy Cases of Zhejiang Province in 2019 and Top 10 Excellent Performing Cases of Bankruptcy Administrator Association of Zhejiang Province in 2019): Acted as the leader of the bankruptcy administrators in the restructuring proceeding with total debt of billions CNY;

  • Shandong Tranlin Group Co., Ltd. and Its 22 Affiliates’ Consolidated Bankruptcy Restructuring (recognized as Top 10 Typical Bankruptcy Cases of Shandong Province in 2021): Advised the bankruptcy administrator in the whole restructuring proceeding with total debt of around 50 billion CNY;

  • Harbin Gong Da High-Tech Enterprise Development Co.,Ltd. and Its 4 Affiliates’ Consolidated Bankruptcy Restructuring (was one of the school-run enterprises’ bankruptcy restructuring case of Harbin Institute of Technology, and was a complicated case involving balancing the interests of the government, schools, enterprises, and other parties): Acted as the deputy group leader of the liquidation team in the restructuring proceeding with total debt of around 10 billions CNY;

  • Zhoushan Ruihe Hospital Management Co., Ltd.’s Bankruptcy Restructuring and Zhoushan Branch of Shanghai Ruijin Hospital’s Collaborative Restructuring: Acted as the bankruptcy administrator;

  • Jiangsu Akcome Industrial Group Co., Ltd.’s Bankruptcy Restructuring: Represented the investor in the restructuring proceeding with total debt of more than 10 billion CNY;

  • Hangzhou Yuhang Financial Holdings Group Co., Ltd.’s Bankruptcy Restructuring (recognized as the first bankruptcy restructuring case of a state-owned financial holding platform company in China): Acted as the co-leader of the bankruptcy administrators in the restructuring proceeding with total debt of more than 5 billion CNY;

  • Zhoushan Peninsular Investment Development Co., Ltd.’s Pre-restructuring and Bankruptcy Liquidation: Acted as the co-leader of the bankruptcy administrators;

  • Sichuan Luzhou Minghao Liquor Co., Ltd.’s 7 Affiliates’ Bankruptcy Restructuring: Acted as the co-leader of the bankruptcy administrators;

  • Shanghai Q&K Public Rental Housing Rental Management Co., Ltd. ’s Bankruptcy Liquidation (recognized as The Typical Bankruptcy Cases of Shanghai Bankruptcy Court in 2023): Acted as the leader of bankruptcy administrators in the liquidation proceeding with the total debt of more than 900 million CNY;

  • Kaihua Baxian Real Estate Co., Ltd. ’s Bankruptcy Restructuring(recognized as The Typical Bankruptcy Cases of Wage Arrears Disputes jointly released by the Supreme People's Court, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions):Acted as the co-leader of the bankruptcy administrators;

  • Shanghai Gangtai Real Estate Group Co., Ltd.’s Bankruptcy Liquidation: Acted as the member of bankruptcy administrators in the liquidation proceeding with the total debt of more than 10 billion CNY;

  • Gangtai Group Co., Ltd.’s Bankruptcy Liquidation: Acted as a member of bankruptcy administrators with the total debt of more than 30 billion CNY;

  • Brilliance Automotive Group Holdings Co., Ltd. and Other 11 Companies’ Consolidated Bankruptcy Restructuring: Represented the finance lease creditor in the restructuring proceeding with the amount of claims more than 200 million CNY;

  • Hainan Airlines Holding Co., Ltd. and Other Companies’ Consolidated Bankruptcy Restructuring: Represented the foreign creditor to negotiate with the bankruptcy administrator for the continuation of the contract and to enable the creditor to obtain key supplier status;

  • A Real-estate (in Hangzhou)’s Out-of-court Debt Restructuring Case: Represented investors in restructuring and M&A of more than 1 billion CNY trust plan defaulted real estate;

  • Bestway Marine & Energy Technology Co., Ltd. (300008 S.Z.)’s Bankruptcy Restructuring: Represented the largest creditor in the restructuring proceeding;

  • ST 000034 Shenzhen Shenxin Taifeng Group Co., Ltd. and Its 4 Affiliates’ Consolidated Bankruptcy Restructuring: Acted as a key member of bankruptcy administrators, fulfilled a debt restructuring plan of sbillions CNY and then successfully assisted China Sigma Co., Ltd. in completion of the restructuring;

  • ST 600678 Sichuan Golden Summit (Group) Joint-Stoc Co., Ltd.’s Bankruptcy Restructuring: Acted as a key member of bankruptcy administrators, fulfilled a debt restructuring plan of billions CNY and then successfully assisted Hailiang Group Co., Ltd. in the back-door listing;

  • ST 600757’s Bankruptcy Restructuring: Acted as a key member of bankruptcy administrators, fulfilled a debt restructuring plan of billions CNY and then successfully assisted Changjiang Publishing & Media Co., Ltd. in the back-door listing;

  • ST 600094’s Bankruptcy Restructuring: Acted as a key member of bankruptcy administrators, fulfilled a debt restructuring plan of billions CNY and then successfully assisted Dongfu Industrial Co., Ltd. in the back-door listing;

  • Jiangxi Jiangfang Textiles Printing & Dyeing Co., Ltd.’s Bankruptcy Restructuring: Acted as a key member of bankruptcy administrators;

  • SunEdison’s Cross-border Bankruptcy Restructuring: Represented the largest unsecured Chinese creditor in the restructuring proceeding in declaring its claims;

  • SunEdison’s Cross-border Asset Acquisition Project: Represented a state-owned enterprise to acquire overseas bankrupt assets of SunEdison;

  • China Solar Energy Holdings Ltd. Co.’s Project: Instructed by the provisional liquidator of China Solar Energy Holdings Ltd. Co. to assist a Hong Kong listed company in acquiring the photovoltaic projects (Xinjiang 50MW and Gansu 50MW) with amout of around 900 million HKD;

  • A Hong Kong Listed Estate Company Purchasing Nanjing Estate’s Project: Represented the purchaser in the deal;

  • Representation for Noble against the application to recognize and enforce the Singapore International Arbitration Centre (“SIAC") Award Case: Represented the respondent and the case was recognized as “the first case of the refusal of recognition and enforcement of overseas arbitration in Shanghai";

  • COSCO Group’s Subsidiary’s Distressed Debt Recovery Project: Completed a number of non-performing asset litigation and advised the creditor in the restructuring project;

  • Shanghai Hebaifu Alloy Material Co., Ltd.’s 3 Affiliates’ Bankruptcy Liquidation: Acted as legal counsel of the foreign shareholder, assisted in filing bankruptcy liquidation and provided legal services for the foreign shareholder in the whole liquidation proceeding;

  • An Chinese Export-Import Bank’s Non-Performing Loan’s Disposal Proejct: Issued legal opinion of a disposal of Non-Performing Loan."

Honors and Awards

For Individual

Recognized Practitioner - Restructuring/Insolvency (PRC Firms), Chambers Asia 2019, 2020, 2021 and 2022-Pacific

The A List: China’s Top 100 Lawyers, China Business Law Journal 2017, 2018, 2019, and 2020

Potential Lawyer, Chambers Greater China Region Guide 2022

Top 15 Female Lawyers, ALB China 2021- Asian Legal Business

Deals of the Year 2016, China Business Law Journal 2016

Rising Star of the Year, IFLR1000 2021

Biography published in the special column of September 2017 by Asian Legal Business

Memberships & Affiliations

Representative, the Sixth People’s Congress of Shanghai, Pudong New Area

Member, International Association of Restructuring, Insolvency and Bankruptcy Professionals (INSOL International)

Director, Finance and Tax Law Society of Shanghai Law Society

Directed and hosted the Forum “Chambers Best American Lawyers & Legal Tactics, Chinese Enterprises Participating in Cross-Border Bankruptcy”

Directed and hosted the Forum “Policy & Practice of Debt to Equity”

Publications

“On the Disposal of the Confusion of the Debts of Private Enterprises and the Debts of Individuals in the Bankruptcy of Private Enterprises”, the 10th China Bankruptcy Law Forum, 2019

“Analysis of Financial Lease Contract Tenant Bankruptcy Disputes under the Background of the Civil Code”, the 11th China Bankruptcy Law Forum, 2020

“Analysis of the Disposal of Security Interest in Bankruptcy Restructuring” , the 11th China Bankruptcy Law Forum, 2020

“The Application and Improvement of the Pre restructuring System for Real Estate Enterprises in the Post Epidemic Era” and “The Conflict and Improvement of Accounts Receivable Pledge Rights and Bankruptcy Setoff Rights”, the 4th Luojia Forum on Bankruptcy Law, 2020

“The Introduction of a Personal Bankruptcy System May be Earlier than Expectation”, China Business Law Journal, 2020

“The Principle of the Bankruptcy Administrator’s Disclosure of the Debtor’s Commercial Secrets”, Women in Business Law Expert Guide, 2021

“Research on the Nature of Claims for Reimbursement of Expenses by Employees in Bankruptcy Enterprises”, Science and Technology, 2021

“Research on the Nature of Claims for Reimbursement of Expenses by Employees in Bankruptcy Enterprises”, Education Digest, 2021

“On the Protection of Trade Secrets of Debtors in Bankruptcy Proceedings”, Learning Guide, 2021

Related

  • Bar Admissions/Professional Qualifications

    PRC Bar

  • Education

    CL.M., Emory University
    LL.M., East China University of Political science and Law
    LL.B., East China University of Political science and Law

  • Professional Experience

    Partner, Zhonglun Law Firm
    Partner, Dentons Shanghai Office
    Associate, King & Wood Mallesons

  • Languages

    Chinese
    English