Corporate personality confusion is mainly characterized by the confusion of organizational structures, business operations and company assets. In particular, the company's property confusion fundamentally violates the principle of capital maintenance and the principle of constant capital, and may seriously affect the solvency of related companies. Therefore, it is also the most important basis for determining the confusion of corporate personalities.

The "Bankruptcy Law" does not prohibit creditors who have declared their claims from claiming rights from third parties other than the bankrupt enterprise, and there is no provision that stipulates that the creditor's lawsuit against the jointly and severally responsible person of the bankrupt enterprise can only be represented by the creditor. There is no concept of litigation on behalf of creditors at all. Moreover, the legal theoretical viewpoint summarized through trial practice basically recognizes that when the creditor discovers that the debtor has mixed personalities during the bankruptcy proceedings, the creditor shall file a separate lawsuit against the third party to assert the creditor's rights. The second-instance court's view that Yantai Bank can only file a creditor representative lawsuit with the court that accepts bankruptcy is a wrong understanding and application of the Bankruptcy Law.

Before the court determines the confusion of personalities, the bankruptcy administrator has no legal basis for including the property of the trading company into the bankruptcy estate.