What must the owner do when the developer goes bankrupt and reorganizes? What is the impact on the owner?

Once the developer goes bankrupt and reorganizes, if the owner signs a commercial housing sales contract with him, then he needs to apply for rights protection in time so that his rights are not infringed. Therefore, let's take a look at what developers must do and what are the answers to the questions related to Bian Xiao today!

1. What must the owner do when the developer goes bankrupt and reorganizes?

1. Creditors and debtors directly apply to the court for reorganization and start the reorganization procedure. Before the debtor is declared bankrupt after the creditor applies for bankruptcy liquidation, the debtor or investors whose capital contribution accounts for more than one tenth of the debtor's registered capital may apply to the court for reorganization.

2. The court shall examine the application for reorganization, and if it considers that it meets the legal requirements, it shall order the debtor to reorganize and make an announcement.

3. The court appoints the administrator.

4. The court shall notify the known creditors and notify the unknown creditors by public announcement. The court shall determine the time limit for creditors to declare their claims and the time and place of the first creditors' meeting.

5. Creditors declare their creditor's rights to the administrator. After the administrator receives the creditor's rights declaration materials, he shall register and review the declared creditor's rights, prepare the creditor's rights table and submit it to the first creditors' meeting for verification.

The first creditors' meeting shall be held within 15 days from the date when the creditor's rights declaration expires.

6. In bankruptcy reorganization, after the debtor enters the reorganization period, he can manage the property and business affairs by himself under the supervision of the administrator, who will hand over the property and business affairs to the debtor with the approval of the court.

7. The debtor or the administrator shall submit a draft reorganization plan to the court and the creditors' meeting within 6 months from the date of the court ruling. At the request of the debtor or the administrator, the court may order an extension of three months. If it is not submitted on time, the court will decide to terminate the reorganization procedure and declare bankruptcy.

Second, after the bankruptcy liquidation of the developer, what impact will it have on the owner?

After the developer goes bankrupt, the assets will shrink during liquidation, and the developer has no money to buy back these mortgaged houses, that is, the developer has no money to return the money to the bank. Unless the unfinished building is auctioned off, it will not become an unfinished building again, and the house bought by customers can still be used.

3. What is the owner's strategy when the developer delivers the house overdue?

1. Collective negotiation with the developer. Developers usually send glib business personnel to negotiate with the owners, delay time or find various excuses, or make various promises to calm the owners' anger. However, after several negotiations, the developer only promised to give a small amount of compensation or reduce the compensation for certain property fees.

2, to reflect the housing construction management authority, demanding that the developer be punished. Housing management agencies only have administrative power, but have no civil jurisdiction. They can only punish developers and have no right to require developers to compensate owners in full and on time. Therefore, for the reflection of the owners, the ownership of housing construction can only be mediated. The housing construction management department will advise the owners to take legal measures after many unsuccessful mediations.

3. Bring a lawsuit to the court. Bring a lawsuit to the court quickly and promptly, asking the developer to pay the liquidated damages for delaying the delivery of the house, or terminate the house sales contract according to the law or the contract. Prosecution request and evidence materials. Evidence (1) The qualification of the developer: including the company's business license and industrial and commercial registration (which can be obtained with the assistance of lawyers); (2) Information related to house purchase: including house purchase contract, house purchase invoice or receipt, occupancy notice, etc.

Seeing this, Bian Xiao believes that you have already understood the relevant knowledge. Once the developer enters the bankruptcy reorganization procedure, it means the demise of some creditor's rights and debts.