Study On The Legal Problems Of Real Estate Company In Bankruptcy Liquidation

At present, the real estate market downturn, some real estate developmententerprise fell into the management difficult position, the creditors apply for realestate enterprise bankruptcy cases is rising. However, since the June1,2007implementation of the "PRC Enterprise Bankruptcy Law"(hereinafter referred to asthe new bankruptcy law) the relevant provisions are too principle, the lack of specificprovisions, the judicial departments in dealing with Real Estate Company bankruptcycases encountered many new situations, new problems. In practice, the author foundin the Real Estate Company to participate in the bankruptcy process, defined as theproperty in bankruptcy and non bankruptcy property is significant, involves not onlythe interests of the creditors of the debtor, as the law of bankruptcy law relates tomore, the conflict of the inappropriate use will violate the principle of fairness andjustice, make a bankruptcy law is to protect the creditor debtor the legitimate rightsand interests, but in practice, when the conflict of law, bankruptcy law does notprotect the interests of creditor debtor bankruptcy law at present, there are holes,when the conflict with other law has no clear provisions to solve, therefore I haveencountered one one analysis, for your reference, for similar the problem as areference.This paper is divided into two parts:The first part: the real estate enterprises urgently need to be solved in thebankruptcy process problem. This part is to put forward the problem. This paperdiscusses the origin of the problem, began to study the related problems of real estateenterprises bankruptcy liquidation according to a Real Estate Company the authorpersonally involved in the processing of the application for bankruptcy liquidation ofthe case as the breakthrough point. After years of research and practice, and thenproposes some met in the bankruptcy process in some specific problems, first, whenhandling the disputes related to the jurisdiction, is the first face; second, propertybuyers to pay part of the purchase price of housing is belong to the bankrupt propertyof the problem; third, a housing construction in the process of bankruptcy, how to divide the ownership of property; fourth, because the quality of housing charges afterthe check-out, Real Estate Company in the absence of the return of1629cases, wentinto bankruptcy procedures, is the ordinary creditor’s return, or priority; fifth, thereasons for bankruptcy elements and review questions about bankruptcy creditors;sixth, processing contract, purchase contract construction Real Estate Companybankruptcy in the case of; seventh, a contractor, the purchase households recognitionand protection of rights.The second part: the solution of several problems. This part is the problemsolving part. First, on the question of jurisdiction, the author thinks that for both thecreditor’s rights dispute arbitration clause, the arbitration tribunal has jurisdiction.Second, the author thinks that property buyers are vulnerable groups, in order toachieve social fairness and justice, legal value, should give buyers more protection, inthis special issue, should be special treatment in the legal scope. Third, I think thefirst cooperation development enterprise contract, from an engagement, agreementlegally agreed, and should strengthen regulation poetic couplet construction contracts,the author discussed from5points. Fourth, the author thinks that shall be directlyreturned housing money. Because the real estate enterprise bankruptcy would involvethe public interests of the society is very large, so the government should bankruptcyappropriate intervention to the real estate business. Fifth, there are mainly two kindsof views the cause of bankruptcy bankruptcy creditors apply for elements on the issue,I agree with the second view. Sixth, the author thinks that in order to regulate theadministration of people treat option contract, bankruptcy law interpretation shouldbe clearly defined management judgment standard to fulfill the contract, forecastevaluation mechanism and the establishment of the debtor’s property value, whennecessary, organize the creditor, debtor and other interested parties to conduct thehearing. Seventh, the author thinks that in the construction of the debtor’s property,the Contractor shall not to the employer fails to pay the project payment against theemployer requested from the site to move out of the request for the origin, in theconstruction should pay management take over.