How to deal with the bankruptcy loan of developers?
When the developer files for bankruptcy, the owner's loan needs to be repaid. Because the purchase contract signed by the owner and the real estate agent and the loan contract signed by the owner and the bank are two different legal relationships, the owner can ask the developer to continue to perform the contract when he goes bankrupt, or he can ask the developer to double the deposit and compensate for the losses. According to Article 587 of the Civil Code, which came into effect in 202 1 1, if the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, resulting in the failure to achieve the purpose of the contract, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned twice. Article 107 of the Enterprise Bankruptcy Law of the People's Republic of China If the people's court declares the debtor bankrupt in accordance with the provisions of this Law, it shall serve it on the debtor and the administrator within five days from the date of making the ruling, notify the known creditors within ten days from the date of making the ruling, and make a public announcement. After the debtor is declared bankrupt, the debtor is called bankrupt, the debtor's property is called bankruptcy property, and the creditor's rights enjoyed by the people's court when accepting the bankruptcy application are called bankruptcy creditor's rights.