개인회생 신청자격Since individual debtors continue to make payments based on future income, it is difficult to continue making payments without voluntary intention.
Therefore, the law stipulates that only individual debtors can apply for the personal rehabilitation procedure, and creditors cannot apply.
Even if you have already applied for personal bankruptcy and are in the process of filing, you can apply for personal rehabilitation.
There are two types of income earners: salaried workers and business income earners.
A salaried worker refers to an individual who has the potential to receive regular and stable income such as salary, pension, or other similar income, and a business income earner refers to an individual who has the potential to continuously or repeatedly receive similar income such as real estate rental income, business income, agricultural income, fishing income, forestry income, etc. in the future.
Only debtors with debts of 1 billion won or less for secured debts and 500 million won or less for unsecured debts can use the personal rehabilitation procedure.
A debtor who exceeds the limit of debt should consider the composition procedure.
1 When the debtor does not have the qualifications to apply
2 When the debtor does not submit certain documents that must be attached to the application or submits them falsely and does not comply with the submission period set by the court
3 When the debtor does not pay the procedure fee
4 When the debtor does not comply with the submission deadline for the payment plan
5 When the debtor receives a decision to dismiss or cancel the application for the commencement of personal rehabilitation procedures within 5 years prior to the application date
6 When the debtor receives a discharge within 10 years prior to the application date (including bankruptcy discharge)
7 When the debtor does not consider it appropriate to proceed with the personal rehabilitation procedure for the creditors in general
8 When the debtor delays the progress of the personal rehabilitation procedure
9 When the debtor may cause damage to creditors through gambling, overspending, fraud, etc.
1 The Credit Rehabilitation Committee can apply for personal rehabilitation even if the principal and interest are paid normally or in arrears.
2 The Hanmaeum Finance (Bad Bank) can apply for personal rehabilitation even if the principal and interest are paid normally or in arrears. 3 You can apply for personal rehabilitation even if you are in the process of bankruptcy.
4 All debts, including your own debt, guaranteed debt, private debt, and tax claims against the government, are subject to the application.
5 However, a person who has received a discharge decision after being declared bankrupt cannot apply for personal rehabilitation for 10 years.
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