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개인회생절차에서의 주택담보채권 특례 도입 방안

A Review of the Proposed Bills on the Introduction of Certain Special Provisions for Residential Mortgages into the Individual Rehabilitation Procedure

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Two similar but separate bills have recently been submitted to the consideration of the National Assembly that seek to introduce certain special provisions into the current Debtor Rehabilitation and Liquidation Act, whereby prohibiting in the individual rehabilitation procedure residential mortgagees from exercising the otherwise available right to separation from the estate and allowing individual debtors to repay residential mortgages in long installments according to the court-approved payment plan. This article critically reviews those two bills and suggests some improvements thereon to further the objectives of the proposed provisions.

Abstract

Two similar but separate bills have recently been submitted to the consideration of the National Assembly that seek to introduce certain special provisions into the current Debtor Rehabilitation and Liquidation Act, whereby prohibiting in the individual rehabilitation procedure residential mortgagees from exercising the otherwise available right to separation from the estate and allowing individual debtors to repay residential mortgages in long installments according to the court-approved payment plan. This article critically reviews those two bills and suggests some improvements thereon to further the objectives of the proposed provisions.

참고문헌 (2)

  1. 박용석, "개인회생절차에 있어서 주택담보채권의 특례규정에 관하여", 도산법연구, 1(1) (2010)
  2. 정준영, "개인회생 제도의 몇가지 개정 논점에 대한 비교법적 검토", 도산법연구, 1(2) (2010)

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