개인회생 신청자격2022. 3. 6. 23:17
hello
My name is Lee Joo-yong and I am an attorney.
The first question people ask about personal rehabilitation is: Do I have to be overdue to apply for personal rehabilitation?
Am I eligible to apply for personal rehabilitation? There are many things like this.
This time, we will explain the circumstances in which you can apply for personal rehabilitation, the qualifications, etc., focusing on frequently asked questions during consultations.
1. In what cases can I apply for personal rehabilitation? You can think about it in two ways.
First of all, you can apply for personal rehabilitation if you are unable to repay your debt and are in arrears and are being urged by creditors. Next, you can apply even if you are not in arrears but are concerned about it and are facing financial difficulties in the form of a reversal.
2. Who can apply? This is called an application qualification under the law, and in order to use the personal rehabilitation procedure, the applicant must have a certain income. It is important to quantify your income.
There are salaried income earners and business income earners who earn income through business.
go. Salary earners include office workers (including company executives), public officials, and if certain requirements are met, part-time workers, part-time workers, and non-regular workers are considered to have salary income and can proceed with personal rehabilitation. Recipients of pensions received after retirement from civil servants or office workers, as well as salary earners who are nearing retirement age, can also apply.
me. The representative business income earner is the self-employed, and the type of business is restaurants such as restaurants. This applies to laundromats and professional workers receiving salaries.
As a business income earner, there are some things you need to be careful about. If a married couple is earning income from a business together, in principle, each couple is not considered to have business income. In this case, it is generally considered that a spouse who is not registered as a business is 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, size, profit, etc. of the business. In this case, it is important to consult with an expert to confirm whether both of you meet the requirements for personal rehabilitation.
If you are an agricultural, forestry worker, or real estate renter with a business income, you can also attach data on your income.
3. Can I apply if my total debt exceeds 500 million won?
It is possible to proceed if the total amount of debt is 1 billion won or less in the case of unsecured debt and 1.5 billion won or less in the case of secured debt. Previously, unsecured debt was 500 million won and secured debt was less than 1 billion won.
4. How is the monthly repayment amount determined?
The repayment amount is the amount remaining after subtracting the monthly minimum living expenses from the applicant’s total income. This is called disposable income in court.
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 [increased by approximately 70,188 won].
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 of 633,113 won is the amount that must be repaid. If this person repays 633,113 won over 36 months, the total repayment amount will be 22,792,068 won.
So, assuming your debt is 50 million won, you can repay 45% and have the remainder forgiven.
In order to proceed with personal rehabilitation like this, you must have a certain amount of income, and you can apply for personal rehabilitation even if you are not currently in arrears.
Above, we have explained the circumstances under which you can apply for personal rehabilitation and the qualifications.
84 Wonheung-ro, Seowon-gu, Cheongju-si, Chungcheongbuk-do
Cheongju Lee Joo-yong’s main work
Personal rehabilitation, bankruptcy exemption, limited inheritance approval, appointment of adult guardian, civil litigation, family litigation, divorce litigation, family relationship registration, provisional seizure, provisional disposition, etc.
We provide various legal information and do our best to solve problems based on information and know-how accumulated through practical work (free consultation).
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One-Stop system for rational resolution of various disputes such as personal rehabilitation/bankruptcy exemption/civil and family litigation/adult guardianship/limited approval of inheritance/false family relationship registration (Tel: 043-293-7988) You can conveniently consult after making a reservation. You can receive it.
