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| TITLE | Supreme Court Order 2011Ma201 Dated June 10, 2011 [Individual Rehabilitation] [full Text] |
|---|---|
| Summary | |
| [1] If an immediate appeal is filed against a judgment on application to commence individual rehabilitation procedure, when is the relevant point in time to determine whether the requirements for commencing individual rehabilitation procedure are satisfied (= at the time when the appellate decision is made) [2] Conditions to be met before dismissing a debtor's application to commence under Article 595 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act, which provides for dismissal ""when application is not bona fide"" [3] The case reversing the order of the court below which dismissed the application for individual rehabilitation procedure solely because of the debtor's past application history without reviewing a ground for a bad-faith application like debtor's use of the individual rehabilitation procedure for an improper purpose, in a case where the court below dismissed the application for individual rehabilitation procedure commencement based on that filling an application itself constitutes ""when the application is not bona fide"" when debtor filed the application again despite no change of circumstances after its applications for individual rehabilitation procedure commencement had been dismissed three times | |
