The Research On The House-to-Debt Agreement In The Case Of Enterprise Bankruptcy

When an enterprise goes bankrupt,most of its houses and houses in building have already set up debts.The trustee in bankruptcy must first determine the nature and effectiveness of the house-to-debt agreement in order to accurately classify the creditors.However,there is much controversy in the judicial practice.The judicial interpretation in 2015 also evaded the legal validity,which led to the disputes in the bankruptcy process.This paper sorts out 195 cases of house-to-debt agreements settled by the Supreme People’s Court,sums up the judicial attitudes and the main disputes.Therefore the paper classifies six types of the agreement based on the facts of the signing time,whether it has been registered and whether it has appointed the obligation of liquidation.The analysis concludes that the agreement signed before the expiration can be divided into a credit guarantee and a real right guarantee depending on whether the house is transferred.When difficult to find out the true intention of the parties,the agreement signed after the expiration shall be regarded the new debt is paid off and the agreement is valid.Based on that,the special issues in the bankruptcy process can be discussed.Firstly,when the obligations remained to be performed,the trustee may not be given the right to arbitrarily dismiss.Secondly,the creditor does not have real rights when the agreement is just signed for record.When registered for transfer,the house-to-debt agreement is the basis of the real rights in bankruptcy.If the collateral is lost or disposed of,the security right holder is entitled to exercise the right to disburse the variable price or the insurance compensation.Thirdly,it is unable to interpret that the creditor’s right can be offset against the house-purchase price.Fourthly,the exercise of bankruptcy revocation rights needs to be analyzed in combination with specific situations.Finally,in terms of the settlement order of creditor’s rights and the improvement of the matching rules,this paper discusses the guarantee of the credit of the house-to-debt agreement when the enterprise goes bankrupt.