개인회생절차에서 인가결정 후 채권추가에 관한 검토-개인회생채권자목록 제출제도와 관련하여

Abstract

Under the current Debtor Rehabilitation and Bankruptcy Act, a debtor can not add omitted claims after confirmation of plan, but the discharge does not take effect on claims not listed in the individual rehabilitation procedure. Accordingly, if a omitted claim is found after the confirmation of plan, there are cases in which an application is made to abolish the existing procedure and file a motion again. In principle, confirmation of plan has the nature of a "preview" that the debtor can be discharged if the debtor completes the plan payment. However, since the issue of omitted claims has continued to arise after confirmation of plan, it is possible to consider an exception to permitting it with the consent of all creditors in order to secure institutional significance as a collective collection procedure and increase the likelihood of the debtor's repayment. Even if these exceptions are recognized, there is still a possibility of occurrence of omitted claims, which seems to be due to the fact that only the debtor files a list. It is hoped that the debtor will complete the plan payment and the number of discharge will be increased by allowing creditors to file a proof of claims, and adding omitted claims after confirmation of a plan.