2005年 美國聯邦破産法上

• 영문명: The Significant Reform Contained in American Consumer Bankruptcy Law in 2005
• 발행기관: 한국민사소송법학회
• 저자명: 金慶旭
• 간행물 정보: 『민사소송』제9권 제2호, 206~243쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.11.30

영문 초록

Significant change has developed in American Bankruptcy Law with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 . This statute was enacted in April 2005 and took effect on October 17. 2005, after nearly 8 years of reform efforts in the United States Congress. The major thrust of the reform is to increase the protection afforded to creditors, by making it more difficult for debtors to liquidate their entire debt without having to pay at all. The purpose of this article is to highlight the most important changes implemented by this law. To capture the essence of the reform, the reader will find, in Parts I and II, a brief history of American Bankruptcy Law from its origins to the present. The focus is on Chapter 7 liquidation and Chapter 13 wage earner plans. To this end, in Part III, the article covers the following subjects of the reform: as to the filing of the petition, the new means test, the effect on the automatic stay, mandatory credit counseling, and mandatory tax returns. Concerning the treatment of security interests, reaffirmation, retention/ride-through, and strip-down in chapter 13. With respect to discharge, the limitation of the homestead exemption, scope of discharge, treatment of serial discharge, and extending the duration of Chapter 13 plans. Finally, the article addresses mandatory debtor education and attorney accountability. In part IV, after summarizing the american reforms, the article concludes by examining the state of Korean Bankruptcy Reform, especially Chapter 4 (effective April, 2006), which is similar to Chapter 13 of the U. S. Bankruptcy Code of 1978, that America has now amended.

목차

Ⅰ. 들어가면서

Ⅱ. 美國 聯邦破産法上 消費者破産制度의 構造와 特徵

Ⅲ. 2005年 美國 聯邦破産法의 主要改正內容

Ⅳ. 마치면서

참고문헌

키워드

미국소비자파산법 재산평가제도 자동적 중지 강제적 신용상담 강제적 세금환급 채무재확인합의 담보채무의 계속변제를 통한 담보물의 계속적 점유 담보채무 감액의 제한 주택집행면제 파산면책 강제적 채무자교육 변호사의 책임 American Consumer Bankruptcy Law Means Test Automatic Stay Mandatory Credit Counseling Mandatory Tax Returns Reaffirmation Agreements Retention or Ride-Through Limit on Secured Debt Stripping Homestead Exemption Discharge Mandatory Debtor Education Attorney Accountability