개인회생 신청 자격2022. 3. 6. 23:17
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I am Ju-Yong Lee.
The first thing that people who come to consult about personal rehabilitation ask is is it possible to apply for personal rehabilitation only if it is overdue?
Am I eligible to apply for personal rehabilitation? There are many things called.
In this time, we will explain the qualifications for applying for individual rehabilitation, focusing on frequently asked questions during consultation.
1. When can I apply for personal rehabilitation? You can think of it in two ways.
First of all, you can apply for personal rehabilitation if you are in arrears because you have not been able to pay your debts, centered on now, and there is a demand from creditors. Next, you can apply even if you are not in arrears, but there is a concern about it and you are facing financial difficulties in the form of a turnaround.
2. Who can apply? This is called application qualification in the law, but in order to use the individual rehabilitation procedure, the applicant must have a certain income. It is important to quantify your income.
As for income, there are salary earners and operating income earners who earn income through sales.
go. For salary earners, office workers [including executives of the company], civil servants, and if certain conditions are met, part-time workers, part-time workers, and temporary workers are also considered to have salary income, so it is possible to proceed with personal rehabilitation. Recipients of pensions received after retirement by public officials or office workers, and salaried income earners approaching retirement age can also apply.
me. The self-employed are representative of operating income, but the type of business is a restaurant such as a restaurant. This is the case when laundromats and professional workers receive salaries.
I am an operating income earner, but there are a few things I need to be careful about. If a husband and wife are earning income from business together, in principle, the husband and wife are not considered to have each business income. In this case, a spouse who is not registered as a business is generally regarded as not eligible to apply. Of course there are exceptions to this. Even if a married couple runs a business together, there are exceptional cases where it is possible depending on the type, scale, and profit of the business.
In the case of an operating income earner, such as an agricultural or forestry worker, or a real estate rental business, it is possible to proceed with the application by attaching income-related data.
3. Can I apply if the total amount of debt is over 500 million?
It is possible to proceed if the total amount of debt is less than KRW 1 billion in the case of unsecured debt and KRW 1.5 billion in the case of secured debt. Previously, it was less than KRW 500 million unsecured and KRW 1 billion in secured debt.
4. How is the monthly reimbursement amount determined?
The reimbursement amount is the remaining amount after subtracting the minimum living expenses from the applicant’s total income. This is what the courts call disposable income.
5. How much can I use for the minimum cost of living? The minimum cost of living in personal rehabilitation was 1,096,699 won per person in 2021, but in 2022, 1,166,887 won is available [approximately 70,188 won increased].
If the applicant’s monthly income is 1.8 million won, the minimum cost of living as of 2022 is 1,166,887 won, so the remaining amount, which is 633,113 won in gold, is the amount that must be repaid. If this person repays KRW 633,113 for 36 months, the total repayment amount is KRW 22,792,068.
If so, assuming the debt is 50 million won, you can repay 45% and write off the rest.
In this way, to proceed with personal rehabilitation, you must have a certain income, and you can apply for personal rehabilitation even if you are not in arrears right now.
We have explained in which cases you can apply for personal rehabilitation and the qualifications for it.
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Ju-Yong Lee Ju-Yong, Cheongju Main duties
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