파산절차가 소송절차와 집행절차에 미치는 영향

Abstract

If the insolvency procedure, a comprehensive and collective proceeding, is carried out, there will be a collision with the litigation and enforcement procedure, that is an individual proceeding, in legal practice. Especially, 『Debtor Rehabilitation and Bankruptcy Act』 is giving the insolvency procedure priority to the litigation and enforcement procedure. Accordingly, the Declaration of Bankruptcy makes the property of a debtor consist of the Bankruptcy Foundation and gives management disposal rights for the property of a debtor to a bankruptcy trustee. As a result, the litigation on the foundation of bankruptcy is suspended and a bankruptcy trustee takes over it. Moreover, the effect of the compulsory execution for the property that belongs to the bankruptcy foundation is lost. Regarding the interrelationship in which the two different procedures collide, namely the effect of the Insolvency Procedure on the Litigation and Enforcement Procedure, this research paper deals with a stage of the application for bankruptcy, a stage of the declaration of bankruptcy and a stage of the termination of bankruptcy, step by step specifically and in detail.