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Creditors, debtors and persons equivalent to debtors (legal representatives, bankruptcy company representatives, directors, managers) can apply.
In the case of personal bankruptcy, most of the debtor’s application for the purpose of immunity is overwhelming, but creditors can also apply for bankruptcy against the debtor for the purpose of realizing property and receiving dividends.
In personal bankruptcy, in principle, bankruptcy must be filed with the district court having jurisdiction over the debtor’s address. However, cases that fall under the jurisdiction of the Seoul Eastern District Court, Seoul Southern District Court, Seoul Northern District Court, or Seoul Western District Court can only be filed with the Seoul Central District Court. In addition, if an individual who has a business office files for bankruptcy, he or she may also apply for bankruptcy to the district court in the location of the high court having jurisdiction over the location of the business office. Therefore, individuals with business offices in Incheon, Gyeonggi, and Gangwon can apply for personal bankruptcy to the Seoul Central District Court, which is the district court where the high court has jurisdiction over the above areas.
※ The above period may be extended or shortened depending on the circumstances of the court.
The purpose of the personal bankruptcy and immunity system is to give the applicant an opportunity for economic recovery and rehabilitation through the immunity procedure, but its original purpose is to dispose of the applicant’s property through a bankruptcy trustee and distribute it equally to creditors . However, in most personal bankruptcy cases, the amount of property does not even reach the cost of procedures such as appointment of a bankruptcy trustee, so the dividend procedure through property disposition is skipped and the bankruptcy procedure is immediately abolished to enter the immunity procedure. The decision is called a concurrent discontinuation decision.
In general, the property amount standard for simultaneous discontinuation decision is 3 million won in gold, and if the property amount exceeds this amount, a bankruptcy trustee is appointed to dispose of the property. However, even if the applicant has property exceeding the above amount, if the property is essential to the basic life of the debtor, such as rental deposit, car, household goods, etc., there is a tendency to simultaneously abolish even a considerable amount in practice in order to guarantee the applicant’s basic right to live. there is. In addition, the Debtor Rehabilitation and Bankruptcy Act newly established an exemption property system, and a certain portion of the debtor’s or his dependent’s right to return the lease deposit for the building used for residential purposes and a certain portion of the property to be used for six months’ living expenses are transferred from the bankruptcy foundation. It guarantees the basic livelihood of those who have reported bankruptcy by allowing them to be excluded.
Individual Rehabilitation and Bankruptcy Comprehensive Support Center. Mail to : webmaster@klac.or.kr
