Bankruptcy code may get tweak to aid homebuyers

The central government is likely to step in to protect the interest of homebuyers whose investments face uncertainty in bankruptcy proceedings against builders.

The government is considering two options. First, amend the bankruptcy law so that homebuyers do not lose out to banks and financial institutions when a defaulting builder’s properties are liquidated and debts settled. Second, change the law’s operational rules to make homebuyers trustees so that their investments are mandatorily protected.

More than 31,000 homebuyers have been affected by insolvency proceedings against some projects of Jaypee Infratech and Amrapali. Their vulnerability stems from the fact that they figure very low on the creditors’ list under the Insolvency and Bankruptcy Code.

IBC rules stipulate that once a defaulting builder’s properties are liquidated, the proceeds must first be used to recover liquidation costs, pay workmen such as security guards, settle the dues of banks and financial institutions, pay the salaries of other employees and clear government dues. Homebuyers come only towards the end of this list, which means that by the time their turn comes, there might be nothing left of the proceeds to settle their dues.

Amending Section 9 of the IBC to bring homebuyers at par with secured creditors, including banks and financial institutions, can ensure that they aren’t short-changed when a defaulting builder’s debts are settled.

Alternatively, the government can tweak IBC rules to treat homebuyers as trustees, which would mean that their investments must be protected after a company is taken over for insolvency proceedings.

“Changes in section 9 of the code will require an amendment, which will take time. But elevating homebuyers to a new category of trustees could be done through a notification,” said an official who is privy to the deliberations in the government.

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