Report from our correspondent (on2012.4.9) yesterday, the property market, the most popular news is no longer"The price"Two words, but"Bankruptcy".From Hangzhou Yuhang district government news, Hangzhou Yuhang District Court has accepted the West era homes developers Venus real estate bankruptcy.Venus real estate companies also became the property control policies under the Hangzhou area first because the capital chain bankruptcy property company.Hangzhou property market has always been many insiders as"Vane"Therefore, the matter of concern.Investigation shows, Hangzhou local developers and professionals to Venus's bankruptcy is not a surprise, said"This company is the company of non-standard, and real estate'Halfway killed in'Not surprisingly, bankruptcy".Beijing and Shanghai, but the majority of developers to this news shocked."Yesterday, many owners have received government messages."Yesterday, the Hangzhou industry to a reporter forward"The first Hangzhou company filed for bankruptcy"Venus real estate projects under the West era homes one owner received text messages:"Owner: hello!Recently, I District People's court has accepted the bankruptcy property company Venus; West era homes three follow-up projects will also be4Month1After the commencement date, the end of last year and this year6The project will expire at the end of the housing7Be completed before the end of.At the same time, the district government will be in accordance with the law to protect the owner to handle'3'Right.We inform you, please understand![Office][] Yuhang district government"
"A Yuhang District Court also confirmed to me, Hangzhou Yuhang District Court has accepted the West era homes developers Venus real estate bankruptcy."The Hangzhou real estate industry,"This must be the property control policies under the Hangzhou area first because the capital chain bankruptcy property company.""Venus is a small company, and is one of the last round of real estate fever'Halfway into the property market'Small companies, the most important is, the company entered the market, there have been many non-standard performance, which is a small company is not reliable, so it went bankrupt in the US seems to have no accident."A local Hangzhou renowned real estate enterprises responsible person told reporters yesterday.According to his introduction, Venus is the parent company of the Zhejiang real estate holdings Zhongjiang.At the beginning of this year, the West City Venus real estate era homes have repeatedly postponed others.4Years not to, real estate developers Venus5Transfer of ownership; about50Unsold houses because of debt was the court attachment of property; the extension sought is already the second time, last year extension."In fact, the parent company of Zhongjiang Venus real estate holdings group has filed for bankruptcy protection in the beginning of the year, said to be a Zhongjiang holdings chairman Yu Zhongjiang take the initiative to report to the government cannot pay their debts and to seek protection.There are rumors, his case3Banks, hundreds of companies, after the liquidation of all assets mortgage, there are about30Billion yuan loan is not.So, before, the company had a lot of valuable move."In the real estate regulation background, although Venus real estate filed for bankruptcy matters produced certain shock in the real estate industry, but including Hangzhou Binjiang real estate, Beijing gold corner Ka Yip, Hangzhou market in the sale of the relevant person in charge said yesterday:"While the Hangzhou market and Beijing, Shanghai, clinch a deal the downturn, but in recent weeks trade show, as long as the price is in place, just need to still exist, and not to the critical moment."
Financial tracking
There are three big questions behind the bankruptcyComprehensive Hangzhou local many people in the industry view, not the Venus real estate the bankruptcy simply as caused by the real estate regulation, bankruptcy behind, there are three questions cannot logically explain.
■Doubt one: selling prices why to shutdown event?
"In fact, the West era home is located in the west, in Wenyi Road extension line, equivalent to the Shijingshan location, good location, but the market has sold can also.As early as in the Spring Festival came the fund chain break down, this is not normal, because in a year ago, the market was hot, its sales performance in the sales cycle of songs before Yuhang District three."The above-mentioned sources.Public information display, as of now, the West Homestead Project is batch application10A pre-sale permit, each batch of houses sold are sold, the price from2006Years of4300Multivariate/Square meters, all the way up.The last time for pre-sale permit is2011Years4Month2Day, the price display, has come to11895Element/Square meter.In addition,2008Years6Month, Zhongjiang holding tray Hangzhou Venus and the West era homes, that is to say Venus real estate holdings is the parent company of Zhongjiang2008When the heat of the real estate"To kill"The real estate industry.At that time the West era is an almost in a shutdown state of unfinished projects, but Zhongjiang holdings took over on the face of the real estate regulation, house prices.In addition, Yu Zhongjiang also took five Stars Hotel Wyndham Ting Le Grand Large Hotel West Lake river.Zhongjiang to enter, home and the surrounding West era in the sale of property, sales price must not low, sales are good.Even if the downturn in the property market2011Years, the launch of the two batch of houses are almost sold out."According to the price calculation of the value of publicity, let Zhongjiang holding Xiaoshouhuikuan at least8Billion yuan."
■Question two: where is the huge Xiaoshouhuikuan go?
Since the market sell well, where the huge sale?Why can you appear capital chain rupture and often work?"In accordance with the relevant provisions, developers can not be directly store purchase, advance purchase should be deposited in the bank capital supervision account; this means that, at the very least, West Homestead2010Years11Months later issued the three batch of327Suite sources, the price at9900To11000Multivariate/Square meters, the value of approximately3.4Billion yuan Yushoukuan should be in the account, but it is said that now developers account capital is zero, then, the money is gone?How to go out?These are worth pondering."A number of Hangzhou local developers questioned.
■Question three: Bankruptcy behind"The folk usury"Factor?
During the interview, a number of Hangzhou property market insiders said, Zhongjiang holding is a"The company is not reliable"."The company boss Yu Zhongjiang, in his early years by high prices took a piece of land in the West Lake side and spring into fame, then, two projects in Hangzhou--West homestead, West Lake Wyndham Ting Le Grand Large Hotel are dangerous mistakes, according to people familiar with the matter say, has owed the bank debt, but insolvent."On the other hand, a few days ago, Zhejiang Jinhua, Shaoxing, Hangzhou Yuhang district and other places court announcement,2At the end of the month to3Last month, Yu Zhongjiang, Zhongjiang and the related case holding companies will be in session, the subject is"Folk loan disputes of contract"."Does this mean that behind Venus real estate bankruptcy, perhaps'The folk usury'."Many people in the industry say.Then, Zhongjiang holding why borrow this money?Where did the money go?If Venus real estate bankruptcy associated with this?At present it is unknown.■This paper/Newspaper reporter Yu Meiying
Hangzhou's first real estate enterprise bankruptcy
Zhejiang satellite TV2012-04-10
10:47
Yesterday, Hangzhou Yuhang District Court has accepted the West era homes developers Venus Real Estate Company bankruptcy, becoming the fastest spreading estate news.Because this is the current round of real estate regulation policy under the Hangzhou area first because the capital chain bankruptcy Real Estate Company.Enterprises bankruptcy news to the already cold of the real estate market and covered with a layer of haze.According to media reports, the Venus the bankruptcy of Real Estate Company sources in Yuhang district government office one SMS, SMS content display:"Owner: hello!At present, our District People's court has accepted Venus Real Estate Company bankruptcy; West era homes three follow-up projects will also be4Month1After the commencement date, the end of last year and this year6The project will expire at the end of the housing7Be completed before the end of.At the same time, the district government will guarantee the owners for the
three certificates in accordance with the law.We inform you, please understand!"Venus Hangzhou real estate development company limited to the Yuhang District Court for bankruptcy news has been proven in court, but the court did not disclose more details.At this stage, the real estate enterprise bankruptcy, people naturally think about the current real estate macro-control policies.But Venus Real Estate Company bankruptcy does not suddenly, because the capital strand breaks and the rights of owners and other rumors over the past two months has not been interrupted.Venus now Real Estate Company funds chain fracture was not an isolated incident.Earlier, the media have reported that, because of not on usury, substantial holding Venus real estate Zhongjiang holdings chairman Yu Zhongjiang take the initiative to report to the government cannot pay their debts and to seek protection, Venus is also involved in real estate.Therefore, the application for bankruptcy this Venus real estate involves not only the owners adults, may also involve dispute folk contract lending problems in complex.The current round of real estate regulation since, various financing channels for space is compressed, real estate transactions deserted, some real estate enterprises in efforts to slow down the development speed, improve capital utilization, adhere to"Cash is king"Policy, but the tense capital chain has become a common problem for developers.
Annual report,AShares63Housing enterprises2011At the end of the year's total liabilities reached7520.53Billion yuan, compared to the same period last year5562.08Billion increase35.21%.The due within one year of non current liabilities as818.91Billion yuan.Housing prices listed funds chain is increasingly tense situation, capital chain problems to a certain extent, can reflect the real estate market.It is understood, as Venus real estate listed real estate companies take the folk loan financing, some Real Estate Company in order to solve the financing problems in the construction of real estate mortgage out, from financial institutions or other abundant cash flow of enterprise financing.Experts predict, the housing enterprises bankruptcy may accelerate the pace of housing price to change, the real estate regulation depth.However, there are a pessimist thinks, small range of bankrupt enterprises may also be caused by the local government of panic, once again led to the local government's rescue determination.
Hunan's first Real Estate Company bankruptcy cases"Unfinished Street"Traditional commercial district
Rednet1Month20DayDispatch (reporter Liu Yibin)"If not court bankruptcy according to law, we still cannot get the commercial pedestrian street house!"Recently, residents of Hunan province Taoyuan County Zhou Ming and several houses rush about telling the news around spreading,"Thank attaches great importance to the county committee, the county government and county court, let us see the hope of households purchase, otherwise we purchase daleshuipiao."
"Unfinished Street"Traditional commercial districtZhou Ming is the Taoyuan County commercial pedestrian street of an ordinary house households.Walking in the street he referred to was overgrown with weeds"Unfinished Street"Through the bankruptcy liquidation, the local court, now turned into a certain scale of business district.2003Years, pedestrian street started.Because the capital strand breaks, the development of pedestrian street project developers to create the company's debt lawsuit, since the2007Since the second half of the year, the project slowly stagnation,2008Years1Month shutdown.According to a Taoyuan county court to provide materials, due to create the company's debt litigation after losing land, houses, walk street was closed in Zhejiang Province, Hunan Province, the Jinhua intermediate people's Court of Changde intermediate court.All projects not completed, acceptance,400Multiple sets of pre-sale housing, shops are overdue delivery failure.Purchase households without housing, developers can not get the money, all kinds of social contradictions accumulate, pedestrian street project as the volcano could erupt at any time.2008Years6Month13DayTaoyuan County, the investment company to create a company fails to pay off its due debts, and the apparent lack of liquidity on the grounds, to the Taoyuan county court for bankruptcy and debt repayment of a company.In the pedestrian street building companies and households purchase doubt and looking eyes, Taoyuan County Court accepted the"Hot potato".That year7Month15Day, the court ruled that the admissibility of a company bankruptcy case, and specify the company liquidation group as the bankruptcy administrator.
County court official, to maximize the protection of creditor interests of all parties concerned, Taoyuan county court organization related parties coordinated bankruptcy reconciliation, failed.The court and the bankruptcy administrator and repeatedly mobilized to create company invested people filed for bankruptcy reorganization, injecting money into the project, the pedestrian street"Unfinished project"Completion, to ensure the purchase households smooth occupancy.The court's efforts, let the purchase and developers hope.The responsible person also revealed, the US investor does not have any plan of reorganization.The other party that a company does not have the conditions of bankruptcy, Taoyuan county investment company filed for bankruptcy is malicious operation.The bankruptcy trustee for reorganization under no circumstances, put forward to carrying out the construction contract project, requesting the court approval.County Court after that, the debtor to create a company as a real estate development enterprise, its main asset is the the Peach Garden pedestrian street in the construction of the project.The project can be completed acceptance and put into use, the value is directly related to the size of the debtor to pay off the debt.Continue to carry out the construction contract is conducive to increasing the debtor's property income, safeguard the common interests of debtors and the contractor, the purchase households and other creditors.Finally, the court according to the debtor's property value maximization principle, approved by the bankruptcy administrator to continue to perform the contract of construction project.In the guidance and coordination of the court, after the bankruptcy administrator11Months of hard work, Taoyuan County, the main commercial pedestrian street of ancillary works completed, waiting for the launch of nearly two years of hundreds of houses were finally after admission, some shops Festival opening.
When the parties have see the holding
Applicant: has the cause of bankruptcy should be bankrupt
Purchase: Bankruptcy let us see the hope
Contractor: bankruptcy is the only way
The debtor: not insolvent should not bankrupt
Bankruptcy liquidation cases is very concerned about the social from all walks of life, the applicant, property buyers, the contractor and the debtor in their respective positions, expressed different opinions.The Taoyuan county investment company said, the company has to create its borrowing605Million yuan, due and outstanding.The other under other debt confirmation by the court6600Million yuan, the main assets were seized, the apparent lack of liquidity, meets the conditions of bankruptcy, shall be declared bankrupt.While some local purchase households is that, with the commercial housing pre-sale contract signed, some paid all or most of the paid 1629, the agreement of the first phase of 1629, and for the registration formalities in the housing sector, the registration has the effect of real right, the purchase of housing should be protected."Taoyuan County for the development of commercial pedestrian street, the county Party committee, county government decision is absolutely right.Taoyuan County, the need for such a business center, and the location is really good."Purchase households Hu Haiming think, the court bankruptcy liquidation to the housing buyers see the hope.He called on Commercial Pedestrian Street opened as soon as possible, strengthen propaganda, and give the purchase households some preferential policies,"Although some things happened, but forget sheep fast is not late!"As a contractor, Changde Hongcheng construction company responsible person Lv Jieren said, the construction contract and debtor signed the agreement, the debtor shall pay the image of progress, the debtor in our works, mostly for two years, leading to migrant workers wages can't pay, building materials suppliers can not pay."Bankruptcy despite the loss to us, but now the bankruptcy liquidation is the only way.We hope to recover arrears as soon as possible, send out the wages of migrant workers, the building materials business to pay."Lv Jieren appears a little anxiety.The debtor to create a company representative Yang Renyong to disagree.He thinks, proportion of the debt due for repayment in the debtor can not, and the applicant and the debt, the debt is not clear, do not belong to bankruptcy subject qualification; not insolvent, do not meet the conditions of bankruptcy."Declaration of bankruptcy liquidation, pedestrian street should still good assets."Yang Renyong also said, the developers also has problems, such as usury."There should be no more than one room to sell phenomenon."
A written material present in a company chairman Shi Bing said, Taoyuan county court in accordance with the law shall not accept the city investment company for a bankruptcy case, we create a company for the city based company filed a bid for606Million lawsuit, the legal status of the city investment company bankruptcy applicant was the major question; the court in the assets and liabilities of a company's statistics also exists serious mistakes, and so far, the court did not confirm the law for any claim in bankruptcy.At present, managing people and create a company is checked on the bankruptcy, assets, a company is in accordance with the enterprise bankruptcy statutory subject matter remains to be settled.
The court: to safeguard the interests of all parties
"This case is the implementation of the new bankruptcy law, the first Real Estate Company bankruptcy cases in Hunan province."Taoyuan County People's court president Tan Hongwei introduced, the case itself involves many houses and buildings the vital interests of workers, can easily lead to unstable factors.The relevant judicial interpretations of the bankruptcy law has not been the case, Taoyuan county court implementation"To serve the whole situation, justice for the people"Work of the theme, following the bankruptcy law legislation and legislative spirit, better balance the interests of all parties.Purchase households and builders from the original to the bankruptcy of the suspect and don't understand to actively support the bankruptcy court trial.Tan Hongwei said, the court shall create a bankruptcy case, the purpose is to safeguard the legitimate rights and interests of creditor and debtor, to commercial pedestrian street"Make the dead come back to life".Tan Hongwei said, in dealing with the case, the court did four"Insist".One is to adhere to the development of service economy, pay attention to save enterprises in difficulties.Many do the interpretation and coordination, and actively guide the debtor and its shareholders for reorganization, reconciliation, try to avoid bankruptcy and liquidation.Two is to insist on justice for the people, pay attention to balance the interests of all parties.For reorganization and in no circumstances, guide managers to continue to fulfill the construction contract and commercial housing sale contract, will22Building"Unfinished building"Completion of the debtor's property, increase income, and housing timely delivery to the purchase households, to pay part of the project, to maximize the protection of the interests of all parties concerned.The three is to adhere to the law independently, pay attention to fair and open.The case involved a wide range of subjects, interests conflicts.The court excluded all kinds of illegal interference, achieve substantial justice, open, transparent, pay attention to the protection of the right to know, right to participate.Four is to insist on the justice, pay attention to the bold exploration.The case has encountered new situations, new problems in the process of a new bankruptcy law, the collegial panel judges actively explore, flexibility in the use of such measures will continue to perform the contract"Unfinished Street"Make the dead come back to life, to achieve the organic unity of legal effect and social effect, and accumulated valuable experience for similar cases.Tan Hongwei revealed,2009Years6Month22DayIn the creditor, debtor, the settlement agreement is not reached, and no application reforming situation, the court of Taoyuan to create a company fails to pay off its due debts, the main assets were seized, the deteriorating financial situation, business difficult to continue, the apparent lack of liquidity on the grounds, to create a company declares bankruptcy.2009Years11Month, the Hunan Provincial Higher People's court, the people's Court of Taoyuan county responsible person made a special trip to Beijing, to the Supreme People's court for bankruptcy liquidation report a case, the Supreme Court affirmed.
Reflection: the investment can not be hungry
"Walking in the street, from the bidding, construction approval to bankruptcy according to law, experience up5Years time!"Taoyuan Deputy Secretary of the county committee, county Gong Dehan said, through investment, ways of using the market introduction of qualified enterprises to the construction of pedestrian street, the county Party committee and government, the decision is very correct.Gong Dehan admits, this event brings three profound lessons: one is the choice of investment business, must be strictly, approval; two is the pedestrian street of initial construction, the government should strengthen supervision; three is the event that a lot of energy and money, government of county Party committee."Because the company create a serious shortage of capital, capital chain caused by pedestrian street.Related to the reorganization, reconciliation of work for a year, in the helpless situation before the implementation of the bankruptcy law!"Gong Dehan said, the county Party committee, government support to relevant departments according to law, in accordance with the rules to handle the matter, to support the county courts handle cases according to law."Do not create a bankruptcy, no pedestrian street today; only the bankruptcy, is the only way!"Taoyuan county Party committee, county Party committee secretary Yu Wenyan attitude is very clear.Yu Wenyan summed up the lessons of three: investment to prevent the beggars; service investment to prevent for others; government action to prevent the breaking point.He thinks, walking test Street bankruptcy case law stand, can stand the test of history, test stand the stakeholder.
Shanghai City, the first Sino foreign joint venture real estate enterprise bankruptcy
Editor's note:Should the Law Press manuscripts, the lawyer Zhu Shuying's "legal practice on real estate development" has been completed.From the book60A case study as the main frame, and with other papers, legal documents and other related content, divided into two volumes.One of the real estate development of non litigation cases12A, litigation48A.This book collected cases all by Zhu Shuying lawyers undertake or sponsor, is the author of individuals and the development in the past ten years practice of legal services in the field of real estate development summary, to the general law of real estate legal services, has certain reference function; real estate developers to regulate the operation, also has experience lessons the.All the book manuscript has been delivered before the law press.Currently in the process of reviewing, typesetting, proofreading, will soon be officially published.
Two case the following selection, incorporated in the part of "legal practice on real estate development" under the "real estate lawsuit", respectively, as the case47And the case23.The two case is the unfinished building and real estate development project transfer case.In which case47Bankruptcy first joint real estate enterprises in Shanghai city but insolvent liquidation of arrears, engineering problems involving case; case23Is a standard for9989Million in the transfer of real estate development projects cases, cases involving make the dead come back to life problems of construction project.All of the two cases with unfinished building properly handle and solve arrears related.For construction, installation or unfinished project, through the bankruptcy auction and the transfer agreement transferring the project, are effective ways to make the project to restart, there are ways of operation and solve arrears.With the implementation of the "contract law" article286The judicial interpretation of the study and implement, uses in two case, use the following.
The bankrupt enterprise: Shanghai Lai Hing Real Estate Co., Ltd. The largest creditors: Shanghai seventh construction engineering company [case]The bankrupt enterprise Shanghai Lai Hing Real Estate Co., Ltd. (hereinafter referred to as the bankrupt enterprise) Department of Sino foreign joint ventures, Chinese is the revival of Shanghai construction development company, the Hongkong Li Heng company.The bankrupt enterprise is a real estate development item company, development projects Lai Hing Square is located in Shanghai City, Xietu Road768Number, as26Layer of commercial office buildings, a building area of3.37Million square meters.In the process of development, because of the bankrupt enterprise as collateral in the construction of the project as its holding company, and was the guarantor to repay the debt, causing significant economic losses of bankrupt enterprises, bankrupt enterprises more liabilities than assets, development project has long shutdown become"Unfinished building".The bankrupt enterprise for more liabilities than assets, to the people's Court of Shanghai city is located in Luwan District filed for bankruptcy, the court in2000Years8Month23DayThe enterprise is declared bankrupt, and into the bankrupt procedure.
In the case of bankrupt enterprises enjoy the enterprise and individual credit in50People, house owners, there are many people in Hong Kong, Macao and other places are people; also has the relevant enterprises, bankruptcy claims a total of7000Million yuan.One of the largest creditors is the project contractor Shanghai seventh construction engineering company (hereinafter referred to as the biggest creditor), bankrupt enterprises have both parties confirm the arrears to the project2010Million yuan.The case entered bankruptcy cases, the creditor entrusts me and the Zhu Yueying law specifically authorized agent, in this case the liquidation activities, I served as the chairman of the creditors' meeting to this case, with the court to complete the liquidation procedure.
[Defense] v.The legal representative of the bankrupt enterprise person: because of their poor management, improper guaranty caused a huge risk, cause a serious loss of business, more liabilities than assets, causing heavy losses to the creditor, apologize.The court agreed to any disposal of the bankrupt property, also said to learn the lesson, to avoid similar mistakes.
The biggest creditor:The bankruptcy of enterprises should implement the unfinished building assessment, determine the bankruptcy property; cause investment to shareholders of the bankrupt enterprise losses should not be included in the scope of creditor's rights; implementation of "contract law" article on debts in order to286Herein, the protection of contractor's project arrears repayment priority; agree to the court to the bankrupt enterprise implementation of unfinished building overall auction, seeking to offer in order to achieve the realization of bankrupt assets to facilitate distribution, at the same time with the court to do construction workers work, make proper arrangements in case of evacuation construction in order to auction site, in the construction of the project.
China's "contract law should be applied" the largest creditor in bankruptcy procedure is proposed286The provisions of this law, it has become outstanding problems in the operation of bankruptcy.
Hear.Luwan District Shanghai City, accepted by the people's court in the case of the first Sino foreign joint venture, the bankruptcy of real estate enterprises to form a strong trial group, by economic tribunal single Hai Jun president who serves as the presiding judge, the hospital leaders determine the person responsible for handling of cases.A court set up by the item company responsible for the miss China, commissioned by the evaluation unit on the bankruptcy property cleaning, assessment, the bankruptcy property of the bankrupt enterprise timely, accurately identified.The court held a meeting of creditors, the bankruptcy property clear notification, and many times to the bankrupt enterprise to guarantee the verification is not enforceable property.The court in the prior to the construction site workers to evacuate the scene work, overall auction Lai Hing Square, the implementation of the bankrupt enterprise development projects and a successful auction.
Application of the largest creditor, "contract law" article286Protecting the contractor priority request, the court held a seminar, and step by step until the request report, the Supreme People's court.To get a clear answer, the court organization official hearing, hearing the case of bankruptcy liquidation.Efforts by the parties, the case at the end of each creditor's claims settlement rate35%Because of the aging problem, although in this case the largest creditors, arrears not applicable "contract law" article286The provisions, but the court work, continue to contract construction and other aspects of the transfer in the project after the auction for the appropriate treatment, the largest creditor, also expressed satisfaction.
[analysis]This is a case of bankruptcy the first joint real estate enterprises in Shanghai City, is also discussed the "contract law" article in the bankruptcy proceedings door of technical secondary school286Special provisions of the bankruptcy case Contractor priority of payment for construction.My experience in this case is the host:
1Real estate development enterprises, the bankruptcy of the complexity of the situation, the agent shall actively cooperate with the court.For the bankruptcy case, largely and not on some specific problems argue, fight a fight at outrance results.All kinds of people the creditors bankruptcy cases, the creditor's rights loss, enterprises and individuals are not the same.There is a lot of work is procedural, such as cleaning, debt claims data, documents, the bankrupt enterprise's financial books clean, bank account review etc..The court in such specific transaction workload, the agent shall actively cooperate with the.We are in the process of handling a case, the data access, to check, try to cooperate, make clear the work as soon as possible.The real estate enterprise bankruptcy, involved in the construction of the project of the auction, which also involves the coordination problem of creditors.The case before the auction, the construction workers still live, if properly do interpretation work, workers refused to leave the scene, is bound to affect the normal auction, may even lead to social conflicts.We help clients to persuasion, the largest creditor, responsible for evacuating workers, cleaning up the site, make the project auction smoothly.The above work, is the agent is different from the general case agent transaction specific characteristics, it is also a real estate enterprise bankruptcy process, the agent should adapt to the characteristics and requirements of such cases, with related work the successful completion of the liquidation of the court, the case smoothly operation.
2The new rules, applicable to the requirements of new laws in order to protect the construction enterprise priority.According to China's new "contract law" article286Article, the contractor has the priority right to be repaid arrears.We combined with the engineering in this case already finished parts price settlement has been contracting parties confirm, the contractor has repeatedly written warnings, the contract was signed in the "contract law" before, but the performance across the "contract law" during the effective period of the specific conditions, request in writing to the court for "contract law" article in this case bankruptcy liquidation286The provisions.We in the request, at the same time, also to the principal to explain the situation, in the bankruptcy procedure can apply the "contract law", the law does not stipulate the requirements, we belong to the study of the problems in the judicial practice, can only strive for, no guarantee of success.