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Chapter Law Content

Chapter III Liquidation
Section V Release from Obligations and Resumption of Rights
Article 132
After the court's ruling on termination or conclusion of liquidation becomes final, unless otherwise provided for, the court shall subsequently release the debtor from his/her debts.
Article 133
After the court rules on the initiation of the liquidation process, if the debtor has any remaining disposable income from salary, income from professional practice or other fixed income, after deducting the amount of necessary living expenses for the debtor and for any persons whom the debtor is legally required to support, and the total amount of distribution to common creditors is lower than the debtor's remaining disposable income during the two-year period prior to his/her application for liquidation, then the court may rule on the debtor's non-release from his/her obligations. However, the preceding paragraph does not apply if the debtor can prove that he/she has obtained the consent of all common creditors.
Article 134
If any of the following circumstances apply to the debtor, the court shall rule on non-release from obligations, unless the debtor can prove that he/she has obtained the consent of all common creditors:
1. He/She has been released from obligations under the Bankruptcy Act or this Statute within the preceding seven years.
2. He/She intentionally concealed or destroyed any properties which should belong to the liquidation estate, or made other dispositions which were unfavorable to creditors, resulting in damage to creditors.
3. He/She fabricated debts or acknowledged false debts.
4. The total amount of debts assumed by him/her for consumption of luxury products or services, gambling or other speculation during the two years before the application for liquidation exceeded half of the amount of unsecured and non-preferential claims at the time of application for liquidation, and these debts caused the initiation of liquidation.
5. The reason for liquidation existed within the one-year period preceding the application for liquidation, but the debtor concealed this fact and caused others to make transactions with him/her, resulting in damage to such others.
6. He/She knew that the reason for liquidation existed, but he/she provided security or extinguished debts in a manner that favored of one or several of the creditors in a way that was not based on the debtor's personal obligations.
7. He/She concealed, destroyed, fabricated or altered all or part of the relevant accounting books or other accounting documents, resulting in the misrepresentation of the debtor's property status.
8. He/She intentionally made false entries in the description of property and income status, or committed other intentional acts in violation of the obligations under this Statute, resulting in damage to creditors or significant delay in the liquidation process.
Article 135
If the provisions of any subparagraph of the preceding paragraph apply to the debtor, but the circumstance is minor, the court, after taking into consideration the repayment status of all common creditors and other circumstances, may rule on release from obligations if it deems appropriate.
Article 136
In any circumstances under the preceding three Articles, before ruling, the court shall conduct an investigation on its own initiative, or order the administrator to conduct the investigation and submit the written report, and shall give the creditors and the debtor the opportunity to state their opinions at court.
The debtor shall assist in the investigation under the preceding paragraph.
Article 137
When the ruling on release from obligations becomes final, unless otherwise provided for, the ruling shall apply to both declared and undeclared creditors. The same shall apply to third persons such as any joint debtor, guarantor, or security provider who has claims against the debtor.
The provisions of the preceding paragraph shall not affect the rights of creditors against third persons such as any joint debtor, guarantor, or security provider of the debtor.
Article 138
The following debts shall not be affected by the ruling on release from obligations:
1. Penalties, fines, default surcharges and additional levies.
2. Any debt of the debtor for compensation of damage caused by his/her intentional or grossly negligent tort.
3. Tax debts.
4. Any expenses of the debtor for the performance of his/her statutory support obligations.
5. Any debts held by a creditor that failed to declare its claim for a cause not attributable to that creditor, to the extent that said claim has not been repaid in the same proportion as other creditors' claims have been repaid.
6. Expenses advanced by the national treasury.
Article 139
If it is found within one year from the day following the date when the court's ruling on release from obligations becomes final that the debtor has falsely reported debts, concealed property, or received a release from obligations by any improper method, the court may, on application of a creditor or on its own initiative, revoke the release from obligations, except for any circumstance under Article 135 under which the court may release the debtor from obligations.
Article 140
After the court's ruling on non-release from obligations or revocation of release from obligations becomes final, the creditor may apply for compulsory enforcement against the debtor in accordance with the court's list of ascertained claims. Any creditor that obtained the right to enforce a claim against the debtor before the court's ruling on the initiation of the liquidation process, may also apply for compulsory enforcement in accordance with the list of ascertained claims. However, in the circumstance of non-release from obligations under Article 133, no enforcement may be carried out within two years from the day following the final ruling.
When the creditor carries out compulsory enforcement against the debtor under the preceding paragraph, the debtor may apply to the enforcement court for notifying other creditors in the list of claims. At the time of the application, other creditors shall be deemed to have declared their participation in distribution with respect to the existing amounts of their claims. The enforcement fee to be collected shall be deducted from the amount received from the enforcement.
Article 141
After any ruling on non-release from obligations based on Article 133 becomes final, if the debtor continues to repay the amount provided for in that Article, and the amounts repaid to of each of the common creditors has reached the distributable amount, the debtor may apply to the court for a ruling on release from obligations.
If the court rules on non-release from obligations in accordance with Article 133, a true copy of the ruling shall be annexed to the provision of the preceding paragraph and Article 142, and shall include an explanation that if the debtor subsequently applies for a ruling on release from obligations, he/she must continue to repay the minimum amount distributable to each common claim.
The provision of paragraph 2 of Article 67 shall apply mutatis mutandis to the case where the debtor continues to repay debts in accordance with the provision of paragraph 1 of this article.
Article 142
After the court's ruling on non-release from obligations or revocation of release from obligations becomes final, if the debtor continues to repay debts, and the amount repaid to each of the common creditors has reached twenty percent or more of his/her claim amount, the court may, on application of the debtor, render a ruling on release from obligations.
The provision of paragraph 3 of the preceding Article shall apply mutatis mutandis to a case where the debtor continues to repay debts in accordance with the provision of the preceding paragraph.
Article 142-1
After the court's ruling on non-release from obligations or revocation of release from obligations becomes final, the repayment made by the debtor to the liquidation creditors shall be used to offset expenses first, and then to offset the original principal.
The provision of the preceding paragraph shall also apply to repayment made after the enforcement of the provision of this Statute amended on December 12, 2011 by the debtor subject to a ruling under the preceding paragraph before the enforcement of the amended Articles.
Article 143
After the final ruling on release from obligations and until the final ruling on revocation of release from obligations, all claims obtained from the debtor are entitled to be repaid in priority to the liquidation claims.
Article 144
Under any of the following circumstances, the debtor may apply to the court for resumption of rights:
1. All debts are repaid by liquidation or other method.
2. The ruling on release from obligations rendered becomes final.
3. Within three years from the day following the termination or conclusion of the liquidation process, the debtor has not been sentenced to any criminal penalty by final judgment based on the provisions of Article 146 or Article 147.
4. Five years has elapsed from the day following the termination or conclusion of the liquidation process.
Article 145
If the debtor has resumed his/her rights in accordance with provisions of subparagraphs 1 to 3 of the preceding Article, but has been sentenced to a criminal penalty by a final judgment on ground of the provision of Article 146 or Article 147 within five years from the day following the termination or conclusion of the liquidation process, the court may, on its own initiative, revoke the ruling on resumption of rights.