[Direct answer]In the Beijing area, after a developer goes bankrupt, the handling of purchased houses depends on the payment progress and the project status: if the buyer has paid all the house money and meets the conditions, the buyer can claim the right to request the delivery of the house, which takes priority over the right to be compensated first for the construction project price, the right of mortgage and other creditor's rights; if the project is determined to be impossible to continue construction, the buyer can rescind the contract and claim the priority return of the paid price; in other cases, the buyer should promptly declare his creditor's rights to the administrator. According to Article 44 of the "Enterprise Bankruptcy Law of the People's Republic of China" (implemented on June 1, 2007), when the people's court accepts the bankruptcy application, the creditor who enjoys a creditor's right against the debtor shall exercise his rights in accordance with the procedures prescribed in the law. When encountering a developer's capital chain rupture, it is better to take action as soon as possible. For more information, please refer to the relevant provisions of the law.Real estate transactions and construction projectsColumn.

1. Problem background and typical scenarios

These types of problems often arise in several situations: First, the construction of the property is halted and left unfinished, and the developer enters bankruptcy proceedings, leaving buyers worried about losing both their money and the property. Second, the house has been built but not delivered, and buyers learn about the developer's bankruptcy when urging for the delivery of the property. Third, after paying the full amount or even completing online signing and registration, buyers discover that the house has been mortgaged or seized by other creditors. Fourth, having only paid the down payment, with the mortgage not yet disbursed or having just been disbursed, buyers are at a loss when faced with the bankruptcy filing. Fifth, when the developer has not been accepted for bankruptcy but is clearly insolvent, buyers wait to see if they should sue. When handling similar cases in the Beijing area, lawyers usually first verify the payment progress, online signing and registration, and the project status, and then decide whether to claim delivery, request a refund, or file a claim for compensation.

II. Key points of contention

Focus I: The qualification of the buyer's rights. Buyers who have paid the full amount of the purchase price are not claiming ordinary creditor's rights. The delivery request right and the price refund request right that meet the conditions can be given priority protection. Focus II: The priority of compensation for the construction project price and the order of mortgage rights. Although the contractor's priority compensation right is superior to the mortgage right, it cannot be used against the consumers of commercial housing who have paid all or most of the money. Focus III: The creditor's declaration period. If the declaration is not made within the declaration period determined by the court after the acceptance of the bankruptcy application, it will affect the exercise of rights. Focus IV: The choice between reorganization and liquidation. Reorganization, which may enable the continuation of the project, is more beneficial to the buyers' receipt of the houses. Focus V: Whether to rescind the contract. If the developer determines that it is impossible to deliver the houses, the contract should be rescinded and converted into a price refund claim, and priority should be claimed. Focus VI: Individual settlement and execution suspension. After the acceptance of the bankruptcy application, individual settlement is invalid and the execution process is suspended. Buyers should transfer their claims to the bankruptcy proceedings for unified assertion. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For creditor's claims settlement issues, please refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of the lawyers handled by our firm, the order of actions taken by buyers in developers' bankruptcy cases is crucial. Common processing paths include: verifying whether the bankruptcy application has been accepted by the court, identifying the administrator, and checking the announcement and filing deadlines through the National Enterprise Bankruptcy Reorganization Case Information Network; for those who have paid the full amount and completed online signing and registration, claiming continued performance of the contract and delivery of the house from the administrator, and submitting evidence such as payment receipts and registered contracts; for projects that cannot be resumed, timely terminating the contract, declaring the paid housing payment as a creditor's claim, and claiming priority compensation according to the rules for consumers of commercial housing; for developers who have not entered bankruptcy proceedings but have been suspended for years, they can first file a lawsuit for contract termination based on fundamental breach of contract in accordance with Article 563 of the Civil Code of the People's Republic of China (effective January 1, 2021), recover the housing payment, and apply for property preservation; after entering bankruptcy proceedings and the suspension of enforcement, they can proceed to the creditor's claim declaration and creditor's meeting procedures to voice their opinions. The lawyers handled by our firm advise that payment receipts, online signing and registration records, and collection letters are three core pieces of evidence. Failure to file a claim on time or lack of evidence during the bankruptcy proceedings often directly determines whether priority compensation can be obtained and the compensation ratio. It is advisable to file all required documents in full within the filing deadlines set by the administrator. For related services, please refer to the following information:Special services and other casesColumn.

IV. Practical suggestions and legal basis

Action recommendations: 1. Immediately verify the progress of payment for the purchase and the status of online signing and registration, and prepare all necessary documents including contracts, invoices, transfer receipts, and loan agreements; 2. Monitor bankruptcy announcements and submit written claims to the administrator within the creditor's filing period specified by the court, stating the principal amount, interest, and claims for losses; 3. For those who have paid the full amount, simultaneously claim delivery of the property and explain the basis for priority protection; 4. For those claiming refunds, clarify their request for priority repayment of the paid price; 5. Monitor voting items at creditor meetings and express opinions on proposals for project continuation or restructuring in a timely manner; 6. For those not yet in bankruptcy proceedings, promptly file lawsuits and apply for preservation measures rather than passively waiting. Legal basis: - Article 2 of the *Enterprise Bankruptcy Law of the People's Republic of China* stipulates that where an enterprise legal person is unable to repay due debts and its assets are insufficient to cover all debts or it clearly lacks repayment capacity, its debts shall be liquidated in accordance with the law; - Article 44 stipulates that creditors shall exercise their rights in accordance with bankruptcy procedures; - Article 46 stipulates that undue debts shall be deemed due upon acceptance of the bankruptcy application; - Article 113 stipulates the order of repayment of bankruptcy assets, with employee claims taking priority over social security and tax payments and ordinary creditor claims; - The *Interpretation of the Supreme People's Court on the Protection of Consumer Rights in Commercial Housing* (Law Interpretation [2023] No. 1, effective April 20, 2023) clarifies that eligible commercial housing consumers' claims for delivery and refund of payments take priority over the right to priority repayment of construction project debts, mortgages, and other creditor claims.

5. Henglue Law Firm's Advice

Risk Warning: First, the bankruptcy proceedings are subject to strict time limits. If the creditor's declaration is overdue and not supplemented within the statutory time limit, they may not be able to participate in the distribution; Second, it's useless to rush to enforce the judgment before the bankruptcy is accepted. After the bankruptcy is accepted, the enforcement will be suspended, and the individual settlement will be invalid. It's the right way to claim priority in the unified procedure; Third, the position of those who have only paid part of the purchase price is weaker than that of those who have paid in full. They can evaluate the feasibility of supplementing the payment to obtain priority protection based on their own conditions; Fourth, beware of delaying the declaration on the grounds of "promising to deliver the house". The administrator will only recognize the declaration based on written evidence. It is recommended to sort out the payment and filing evidence as soon as possible and refer to it when necessary.Beijing Henglu Law FirmOn the official website, similar columns are evaluated by professional lawyers to determine the legal path to follow.

VI. Frequently Asked Questions

Q1: If the developer goes bankrupt, can I still get the house?

It depends on the specific circumstances. For those who have paid the full purchase price and meet the requirements, they can claim the right to request the delivery of the house in accordance with the "Interpretation of the Supreme People's Court on the Protection of Consumer Rights in Commercial Housing" (Legal Interpretation [2023] No. 1, implemented on April 20, 2023), which takes precedence over the right to priority compensation for the construction project price, mortgage rights, and other creditor's rights. If the real estate project is determined to be impossible to continue construction, they can claim priority return of the paid purchase price after the contract is terminated; for those who have only paid part of the purchase price, they can also claim priority for the part that meets the requirements, and the remaining part will be converted into ordinary creditor's rights. The key is to promptly declare to the administrator and submit payment evidence.

Q2: What should buyers do during the bankruptcy proceedings?

The first step is to verify the acceptance situation and the information of the administrator through the National Enterprise Bankruptcy and Restructuring Case Information Network and the court announcements; the second step is to submit the creditor's declaration form to the administrator within the declaration period determined by the court, attaching contracts, invoices, payment certificates, and filing certificates; the third step is to claim the delivery of the house and simultaneously request the continuation of the contract, and claim the return of the creditor's rights while requesting the return of the house; the fourth step is to attend the creditor's meeting and express opinions on the continuation of construction or disposal plans; the fifth step is to check the repayment priority after receiving the distribution plan and raise objections in a timely manner. It is advisable to entrust a lawyer to supervise the whole process.Special services and other casesYou can learn about the relevant services in this column.

Q3: What evidence is required to file a claim for debt?

The core evidence includes: the original copy of the commercial housing sales contract and supplementary agreement; invoices for the purchase price, transfer receipts for the down payment, and bank mortgage loan records; the results of online signing and registration information inquiries; receipts issued by the developer and letters reminding the buyer to take possession of the house; detailed records of the principal and interest repaid on the loan; and proof of losses such as rent payments incurred due to construction delays. The evidence must be able to verify the payment amount, time, and contract performance status, which directly determine the amount of the creditor's claim and whether the creditor can obtain priority repayment. It is essential to submit the original documents or verified copies of the evidence.

Q4: Can the purchase price be repaid first in the event of a default?

Those who meet the requirements can do so. According to the "Reply of the Supreme People's Court on the Protection of Consumers' Rights in Commercial Housing", the right of consumers to receive the delivery of the houses they have paid for in full, as well as the right to request a refund of the payment in the event of non-delivery, take precedence over the right to priority compensation of the construction project price, the right of mortgage and other creditor's rights. For those who have only paid part of the price, there are differences in the understanding of the priority scope in different regions. It needs to be judged in combination with the payment ratio and the local adjudication guidelines. Creditors who have not received priority protection are usually settled as ordinary creditors, with a significantly lower repayment ratio. The repayment rules can also be referred to for reference.Creditor's rights and debts, and enforcement casesColumn.

Q5: What should I do if the developer goes bankrupt before the house is delivered?

First, calmly assess your goal: do you want the house or a refund? For those who want the house, check the possibility of resuming the project and demand the manager to fulfill the contract and deliver the house first. For those who want a refund, terminate the contract and declare the claim for the paid housing money within the declaration period, while claiming priority compensation. Regardless of the choice, you must complete the declaration within the time limit set by the manager and keep all payment and communication evidence. For those involved in property disputes, you can refer to the relevant provisions.Property transactions and construction projectsFor the column, if necessary, we will entrust lawyers to follow up on the bankruptcy proceedings throughout the entire process.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.