A Case Study Of Real Estate Bankruptcy Enterprise’s Housing Debt Repayment

In recent years,The purpose of this paper is to analyze the two controversial focuses of this case.First,its nature should be recognized as a practice contract or a promise contract.Second,whether the houses used for debt repayment should belong to the bankrupt property or not.In recent years,with the emergence of a large number of bankruptcy cases of real estate development enterprises,there have been a lot of disputes about the legal issues related to the real estate debt repayment.In the current practice of real estate enterprise bankruptcy to pay for debts with real estate,due to the lack of clear provisions of the law and the huge amount involved,it gives the court great discretion.Proper disposal will not only affect the interests of individual creditors,but also affect the stability of the group of purchase creditors.In this paper,through a typical case of housing for debt,two controversial focuses lead to the focus of the paper’s core discussion,and analyze the effectiveness of the agreement of housing for debt and the identification of the ownership of the bankrupt property in the current case of housing for debt.According to the contract law and the principle of encouraging transactions,it is more appropriate to recognize the agreement of housing for debt repayment as the promissory contract.As for the ownership of housing for debt repayment,we should consider whether the housing for debt repayment is commercial or residential for the bondholders.If it is residential,we should also consider the proportion of the paid creditor’s rights in the value of the housing Whether it is the only housing is to consider whether the housing for debt should be classified as bankruptcy property,so as to ensure the survival interests of creditors and the creditor’s rights interests of all creditors to maintain social stability.In legislation,there is no uniform provision on the effect of "housing for debt",and there are different operations in different places.The confirmation of the contract form and effect of "housing for debt" agreement should be analyzed in combination with the specific circumstances of the case,and the special provisions of the bankruptcy law should be taken into account;the ownership of the house with housing for debt of the bankrupt property should also be considered from different aspects To ensure that all parties fairly protect the interests of each creditor.In the identification of these two hot issues,on the one hand,we should respect the parties’ real intention as much as possible;on the other hand,we should stick to the balance of interests of all parties and pay attention to the protection of creditor’s rights.Based on the analysis of the nature and effect of the contract of housing for debt repayment and the determination of the bankrupt property,this paper discusses the factors that should be considered in the process of housing for debt repayment in bankruptcy cases,and reflects on the current legal system.