Study On The Sequence Of Repayment Of Bankruptcy Claims Of Real Estate Development Enterprises

In recent years,the national economic downturn,"zombie enterprises" frequent,real estate development enterprises bankruptcy cases in the courts have been common,problems continue,legislation and judicial staff are facing enormous pressure.There are many bankruptcy cases in real estate development enterprises,but there are three main problems,namely,the social impact,court pressure and the great pressure in the coordination of all parties,and the crux lies in the unclear liquidation order of bankruptcy creditor's rights.By summarizing the problems in theory and practice and their different opinions,this paper makes a detailed legal analysis from the aspects of theory,legislation and practice,and makes a comprehensive exposition on the origin of rights,the starting point of judgment and social benefits on the traditional and new problems such as the compensation of creditor's rights for real rights,the Oversale of one house and government investment.The basic order of bankruptcy creditor's rights is: construction project price priority,purchase consumer priority;transaction security level,the basic order of bankruptcy creditor's rights is: purchase consumer priority,construction project price priority;and should be included in the three exceptions..Finally,on the basis of full understanding and combing,the author puts forward that when dealing with real estate bankruptcy cases,the relevant bankruptcy system should be perfected from the following three aspects: the coordination with the priority of security interests,the definition of ordinary buyers and special buyers,and the creditors' meeting to decide whether to renew the house.It is hoped that this paper can provide a useful reference for the people's courts at all levels to deal with the bankruptcy cases of real estate industry and improve the judicial and administrative efficiency.