메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국경영법률학회 경영법률 경영법률 제22권 제4호
발행연도
2012.1
수록면
221 - 255 (35page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
Today’s reorganization proceedings added the order of comprehensive prohibition to the Corporate Reorganization Act that institutionalized provisional remedy and individual stay order so as to preclude any voluntary payment by debtors and any action by creditors to collect before the court order commenced. Reorganization proceedings, on the other hand, commands comprehensive stay order against all creditors, forbidding via law all unsecured and secured creditors from executing any individual action or attempt to collect. Furthermore, when the Revised Bill of Debtor Rehabilitation and Bankruptcy Act was proposed in the National Assembly in 2011, it was suggested to partially adopt Automatic Stay from the Bankruptcy Act in U.S Federal Law. Automatic Stay prohibits all voluntary payment by debtors and all actions by creditors to collect once bankruptcy petition is filed; thus requires no separate stay order from the court. This serves to expedite the petition process and to precipitate economic recovery of the debtor, and is conducive to fair allocation of payment to the creditors, leading to their satisfaction. Introduction of Automatic Stay is deemed beneficial to the debtor’s recovery because stay order becomes effective at the moment of the filing of bankruptcy petition rather than the court’s approval or the court’s order of provisional remedy or stay order, which would take place later in time. The 18th National Assembly attempted to legislate Automatic Stay; however it is currently on halt as of June 2012 with the Assembly’s term having reached termination. Ministry of Government Legislation proclaimed that it is to pursue the legislation. This paper discusses several legal recourses to regulate unsecured or secured creditors from undertaking any action to collect prior to the court’s approval of bankruptcy petition, which is permitted under the current reorganization proceedings. Furthermore, the author has reviewed the details of Automatic Stay as part of the Revised Bill of Debtor Rehabilitation and its impact on South Korea.

목차

등록된 정보가 없습니다.

참고문헌 (27)

참고문헌 신청

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0