Scamming in a lease and filing for rehabilitation(전세 사기와 회생 신청)

The main offender in a lease scam used his daughter's name instead of his own to carry out the scam. The daughter who lent her name would have had no choice but to become the debtor. There was news that the daughter had filed for personal rehabilitation. If there was income or disposable property, it would not have been difficult to file for bankruptcy. The court issued a comprehensive prohibition order against the debtor.

 

Creditors who have been scammed have no choice but to enforce the guarantee deposit through seizure or creditor collection. In response, the debtor applies for personal rehabilitation or bankruptcy. The court stipulates a system to prevent enforcement procedures such as collection for debtors who apply for rehabilitation or bankruptcy. This includes suspension orders, prohibition orders, and comprehensive prohibition orders.

 

A suspension order is an order that suspends enforcement procedures such as seizure, dispossession, and compulsory execution that have already been carried out before filing for rehabilitation or bankruptcy. If these procedures are suspended, the debtor can become psychologically stable. A suspension order stops the creditor's collection procedure that has already been underway, and a prohibition order prevents future collection or enforcement procedures. With only these two orders, the creditor cannot take any action to recover the debt from the debtor.

 

However, in this rehabilitation case, a comprehensive prohibition order was issued. A comprehensive prohibition order prohibits all enforcement procedures including compulsory execution, seizure, dispossession, and auction procedures when it is feared that the rehabilitation objective cannot be achieved with only a suspension order. A comprehensive prohibition order has a very strong effect on creditors and is issued when there is a protective disposition for the debtor. I hope that the lease scam case will be resolved successfully.

 

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