개인회생 신청 자격Since individual debtors are in the process of continuing repayment with future income, it is difficult to continue repayment unless based on a voluntary will.
Therefore, the law stipulates that only individual debtors can apply for individual rehabilitation procedures, and that creditors cannot apply.
Even if you have already filed for personal bankruptcy and it is in progress, you can apply for personal rehabilitation.
There are two types of earners: salary earners and business earners.
Salary income earner refers to an individual who has the possibility of receiving salary, pension, or other similar regular and reliable income, and operating income earner refers to real estate
Those who are likely to continuously or repeatedly obtain other similar income, such as rental income, business income, agricultural income, fishing income, forestry income, etc.
say individual
Individual rehabilitation procedures can be used only by debtors who bear debts of less than 1 billion won for secured bonds and 500 million won for unsecured bonds.
Individual debtors who exceed the limit should consider reconciliation procedures.
1 When the debtor does not meet the qualifications of the applicant
2 When the debtor fails to submit certain documents to be attached to the application or submits false documents and does not comply with the submission period set by the court
3 When the debtor fails to pay the procedural costs
4 When the debtor fails to comply with the deadline for submission of the plan for reimbursement
5 When the debtor’s application for commencement of individual rehabilitation procedures is dismissed or canceled within 5 years prior to the application date
6 When the debtor has received immunity within 10 years prior to the application date (including bankruptcy immunity)
7 When the debtor’s individual rehabilitation procedure is not suitable for the interests of creditors in general
8 When the debtor delays the individual rehabilitation procedure
9 When the debtor may injure the creditor through gambling, overspending, fraud, etc.
1 You can apply for individual rehabilitation even if the principal and interest of the Credit Recovery Committee are normal or overdue.
2 You can apply for individual rehabilitation even if Hanmaeum Financial (Bad Bank) is normal or overdue.
3 Even if bankruptcy is in progress, you can apply for individual rehabilitation.
4 All debts, including debts of the principal, guaranteed debts, debentures, and tax claims against the state, are subject to this.
5 However, a person who has been granted an exemption from liability after being declared bankrupt cannot apply for individual rehabilitation procedures for 10 years.
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