Chapter II Rehabilitation
Section III Performance of Rehabilitation and Release from Obligations
Article 73
If the debtor has completed the full performance of the conditions of rehabilitation, unless otherwise provided for in this Statute, any remaining unpaid portion of the declared claims and the undeclared claims shall be deemed to have been extinguished. However, the debtor shall remain liable for the performance of the conditions of the rehabilitation, with respect to any creditors whose failure to declare claims is not for cause attributable to the creditors.
If the debtor has difficulty in the performance of the claims specified in the preceding paragraph for cause not attributable to him/her, he/she may apply to the court for extension of his/her performance period. However, the extended period may not exceed 2 years.
Article 74
After the court's ruling on approval of rehabilitation proposal becomes final, if the debtor fails to perform the conditions of rehabilitation, the creditor may apply for compulsory enforcement against the debtor, the guarantor of rehabilitation, the security provider, or other person assuming the debt jointly, unless the creditor's claims are objected to under Article 36 and no final ruling thereon is rendered.
If the creditor applies for compulsory enforcement against the debtor, the court may, on application of the debtor, rule on the initiation of the liquidation process.
Article 75
After the court's ruling on approval of rehabilitation proposal becomes final, if the debtor has difficulty in performance for cause not attributable to him/her, he/she may apply to the court for extension of his/her performance period. However, the extended period may not exceed 2 years.
If the balance of the disposable income of the debtor after deducting the necessary living expenses for himself/herself and the persons who should be legally supported by him/her, has been lower than the amount to be repaid under the rehabilitation proposal for three successive months, the existence of cause under the preceding paragraph shall be presumed.
If of the debtor encounters obvious and great difficulties during the extended period under paragraph 1 of this article, then when the amount repaid by the debtor to each creditor has reached two-thirds of the amount originally agreed, and the amount repaid for unsecured and non-preferential claims has exceeded the total amount that may be repaid according to the liquidation process, the court may, on application of the debtor, release the debtor from his/her obligation. However, before ruling on the request for release from obligation, the court shall give the creditors an opportunity to state their opinions.
The provisions of the preceding three paragraphs shall not apply to claims relating to residential mortgages or to special provisions applicable to them.
If the debtor has difficulty in performance under paragraph 1 of this article, the court may, on the debtor's application, rule on the initiation of the liquidation process.
Article 76
If it is found, within one year from the day following the date when the rehabilitation proposal was approved by the court, that the debtor has falsely reported his/her debts, concealed his/her property, or allowed additional interest to one or several of the creditors, the court may, on application of the creditor, revoke the rehabilitation process and at the same time re-initiate the liquidation process.
If an appeal from the ruling on revocation of rehabilitation is filed, the ruling on the initiation of the liquidation process in the preceding paragraph shall also be adjudicated by the appeal court.
The liquidation process may proceed only after the ruling under paragraph 1 of this article becomes final.
Article 77
No debt secured or assumed by a third person for the rehabilitation shall be affected by the court's revocation of rehabilitation.
Article 78
After the court has ruled on the initiation of the rehabilitation process, but before the debtor has been released from his/her obligations, if the court rules on the initiation of the liquidation process, all parts of the rehabilitation process which are applicable to the liquidation process shall serve as part of the liquidation process, and the application for rehabilitation shall be deemed an application for liquidation.
In any circumstance under the preceding paragraph, the claims which have been declared in the rehabilitation process shall also be deemed declared in the liquidation process; expenses incurred for the rehabilitation process and debts assumed for the performance of the rehabilitation proposal shall, respectively, be deemed as expenses or debts of the liquidation estate.
Article 79
After the court's ruling on approval of the rehabilitation proposal becomes final, when the court subsequently rules on the initiation of the liquidation process because of the failure of the debtor in the full performance thereof, any original claim of a creditor that was made before the approval of the rehabilitation proposal shall still be included in the liquidation process, taking into account the creditor's repayment according to the rehabilitation conditions, and the portion repaid shall be included in the liquidation estate to determine the amount distributable to the creditor.
A creditor under the preceding paragraph may receive distributions only after the distribution received by other creditors reaches the same proportion as the degree to which he/she has been repaid.