A Probe Into The Legal Issues Concerning The Determination Of Bankruptcy Property

This paper is mainly composed of five parts,the first part is an overview of the relevant legal concepts for the determination of bankruptcy property,the second part is to analyze the legal practice of bankruptcy property identification through LJ company bankruptcy liquidation case,the third part is the factors that need to be considered in the determination of the real estate enterprise's bankruptcy property,the fourth part is to think about and make recommendations for the determination of bankruptcy property,the fifth part is the conclusion.This paper makes a detailed analysis by discussing the identification of several types of bankruptcy property involved in the bankruptcy liquidation case of LJ Company.The first kind of property is the real estate involved in the house debt service agreement,this paper discusses how to identify as a bankrupt property by classifying it into two situations,one case is that the house debt has entered the enforcement stage of the court before the bankruptcy is accepted,in another case,the house debt is not entered into the proceedings before the bankruptcy is accepted.The second property is the deposit paid by the real estate development enterprise to the bank,this article on the real estate development enterprise before the completion of the housing property certificate,this paper analyzes the concept,type and nature of the bank deposit paid by the real estate development enterprise that entered the bankruptcy liquidation procedure before the completion of the property right certificate,discuss whether the bank deposit belongs to the pledge of the real estate development enterprise to the bank,Then,whether the bankruptcy administrator recognizes the deposit as bankrupt property,and has the right to require the bank to deposit the deposit into the bankruptcy administrator's account for analysis.The third property is a house built by a real estate development company,in this paper,when the real estate development enterprises in the case enter the bankruptcy liquidation procedure,the houses that are still registered under the name of the real estate development enterprise are divided into two parts:the completed house and the house under construction,through the classification discussion of whether the real estate development enterprise handles the real estate registration certificate,the delivery of the house,the proportion of the purchase payment,etc.,and whether it is deemed to be the bankrupt property.The fourth property is a house that has been registered by online signing,filing and advance notice.Through analysis and discussion of the concept,nature and property rights of online signing,filing and advance notice registration,it is determined whether the house registered under the name of real estate development enterprise,but registered through online signing,filing and advance notice belongs to the bankruptcy property.Finally,through analysis and summary,the difficult problems in the process of bankruptcy property recognition reflected in the bankruptcy liquidation case of LJ company are summarized,therefore,it puts forward some suggestions for the general problem of the determination of bankrupt property in the practice of bankruptcy liquidation procedures of real estate development enterprises,it is recommended that the laws and regulations be improved as soon as possible and the relevant systems be supported so that the bankruptcy administrator has clear and uniform standards when determining the bankruptcy property,to help the smooth development of bankruptcy property identification in the bankruptcy and liquidation of real estate development enterprises.