As the market continues to decline deeply, there are more and more cases of bankruptcy of housing enterprises. Once a housing enterprise thunderstorms or goes bankrupt, all kinds of creditors, including buyers, suppliers, construction units, banks, housing employees, etc., hope to get their own money. So, who gets the money? What is the order in which claims are settled?
Home buyers: priority protection
After the bankruptcy of housing companies, home buyers are one of the most vulnerable groups. According to the relevant laws and regulations of the mainland, the rights and interests of home buyers should be given priority. Homebuyers' money is often used to buy a house first, so they have a higher position in the settlement of claims. Buyers can file a lawsuit in court to claim the return of the purchase price or priority allocation of the property.
Suppliers and construction units: second to home buyers
Suppliers and construction units are often secondary objects in the settlement of claims after the bankruptcy of housing enterprises. The materials and labor services they provide are an important part of the construction of housing enterprises, so they also enjoy certain debt protection. However, due to the priority protection of the rights and interests of home buyers, the position of suppliers and construction units in the settlement of claims is relatively low.
Banks: Priority benefits
As the main financing channel for real estate enterprises, banks enjoy a high position in the settlement of creditors' rights. Banks usually sign loan contracts with real estate companies and use the property as collateral. Once a housing company goes bankrupt, the bank can sell the collateral to pay off the debt. As a result, bank claims tend to benefit first.
Housing employees: in a weak position
After the bankruptcy of housing enterprises, employees of housing enterprises are often in a weaker creditor position. Their claims on wages, benefits, etc. tend to be at the back of the list. After the bankruptcy of real estate enterprises, employees often need to protect their rights and interests through labor arbitration, court litigation and other means.
Finally, there are the holders of commercial notes whose rights have been confirmed
According to the bill law, the recourse of commercial notes against the drawer is two years, just like saying, someone asks you to write an IOU, this IOU is due and has not been paid, and after two years the IOU will become invalid, at this time, if you are thinking of suing him, even the basic evidence IOU has expired, do you think you still have the possibility of winning the lawsuit? Therefore, the final settlement must be the people who confirm this part of the right, especially those who confirm the right early.
To sum up, after the bankruptcy of the housing enterprise, the rights and interests of the buyers are given priority, the bank's claims are given priority to benefit, the suppliers and construction units are second to the buyers, and the employees of the housing enterprises are in a weaker position. The order of settlement of claims is determined in accordance with the provisions of the law and relevant contractual agreements.
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