The developer may not have enough money for construction, and sometimes unscrupulous developers deliberately declare bankruptcy to avoid liability to shareholders.
Alexander Raevsky, managing partner of the Raevsky Group law firm, explained to Rossiyskaya Gazeta what citizens should do in such a situation.
Content:
What is bankruptcy proceedings How to find out about the bankruptcy of a developer What to do if a developer declares bankruptcy How to file demands for transfer of housing
What is bankruptcy?
– First you need to find out what is meant by bankruptcy. Bankruptcy is the process of declaring an organization insolvent before the courts, it consists of several stages, which in turn can last years (in practice, about 3 years).
How to find out about the bankruptcy of a promoter
If an application has been filed to declare the developer bankrupt, the shareholder can find out about this in the Fedresurs service, on the Kadarbir website, as well as through the bankruptcy administrator, who notifies all shareholders about the bankruptcy of the developer. developer.
What to do if the developer declares bankruptcy
If the promoter is bankrupt, it is necessary to act immediately and submit an application for inclusion in the register of creditors’ claims to the Arbitration Court of the place of consideration of the bankruptcy case.
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In the application, the shareholder has the right to demand:
transfer of the acquired home; refund of the amount of money paid; payment of the amount of sanctions and fines.
Said request must be accompanied by documents that prove the relationship with the promoter:
shareholding agreement; documents confirming payment under the agreement.
This request must be submitted within two months following the date of publication of the information on the initiation of the bankruptcy procedure. At the end of this period, the registry is subject to closure.
Furthermore, we observe that there is a sequence for paying debts:
Agreements with natural persons to whom the debtor is responsible for causing damage to health or life Agreements with employees of a construction company Payments to shareholders, as well as payments of fines and compensation Agreements with other creditors (for example, with banks) .
In this sense, it is necessary to understand that in reality it is difficult to achieve payments: the property identified by the developer is often not enough for all creditors. In addition, it is necessary to wait until the bankruptcy is finalized and the debtor’s assets are sold at auction, which in turn also takes a long time.
Submit housing transfer requests.
There are several ways:
Demand recognition of ownership if the house is ready and finished, but in practice this does not often happen – start the completion of the construction of an unfinished house yourself. Why it is necessary to create a housing construction cooperative, there are several nuances. For example, the land on which the house was built must belong to the developer. It is also possible to complete the construction of the house by another company or the Territorial Development Fund by attracting contractors. To do this, the Foundation carries out an examination and, based on this, decides whether said construction is advisable.
