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| TITLE | [Rehabilitation] Supreme Court Order 2009Ma1137 Decided December, 24, 2009 [full Text] |
|---|---|
| Summary | |
| [1] In case where a debtor applied for a commencement of new rehabilitation procedure although rehabilitation procedure's discontinuance order or rehabilitation plan's non-approval order had been confirmed and the rehabilitation procedure as to the debtor had been finished, the standard for determining whether there were dismissal grounds as to the application for commencement of rehabilitation procedure as provided under Article 42 subparagraphs 2 and 3 of the Debtor Rehabilitation and Bankruptcy Act [2] Where a debtor received a confirmation order from the first instance court as to a new rehabilitation plan submitted by the debtor after an immediate appeal had been filed as to the first instance court's commencement order of rehabilitation procedure, whether the appellate court should decide existence of dismissal grounds as to the application for commencement of rehabilitation procedure by considering the possibility of consummation, etc. of a newly submitted rehabilitation plan (affirmative) [3] The case reversing the order of the court below that held the commencement application was unlawful, without reviewing the possibility of consummation of the newly submitted rehabilitation plan, where the first instance court accepted the debtor's application for commencement of rehabilitation procedure newly submitted 8 days after the non-approval order of rehabilitation plan was confirmed and the first instance court rendered a commencement order; as to this, an immediate appeal was filed; and thereafter, the debtor submitted a new rehabilitation plan and received the first instance court's confirmation order | |
