2005年 美國聯邦破産法上消費者破産制度의主要改正內容과 그 意味 = The Significant Reform Contained in American Consumer Bankruptcy Law in 2005

다국어 초록 (Multilingual Abstract)

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.

참고문헌 (Reference)

1 "파산재단의 범위에 관한 연구 -파산법 제6조를 중심으로- 비교사법" 8 (8): 485-, 2001

2 "우리 나라 소비자파산제도의 개선방안 - 미국 소비자파산제도의 도입을 중심으로 - 외국사법연구논집" 재판자료 98 : 5-, 2002

3 "미국 파산법의 주요내용 파산법연구" 233-,

4 "미국 파산법의 개정역사 파산법연구" 203-, 2004

5 천대엽, "미국 파산법상 개인 채무자에 대한 면책제도 개관 외국사법연구논집" 재판자료 93 : 259-, 2001

6 "미국 연방파산법상의 소비자파산제도와 개혁논의의 경과 인권과 정의" 281 : 86-, 2000

7 "도산법제에 있어서의 파산절차의 특색 파산법연구" 17-, 2004

8 "개인회생절차의 도입과 그 문제점" 483-2, 2003

9 "Understanding the Basics of Bankruptcy & Reorganization" 2002

10 "UNERSTANDING BANKRPUPTCY" LexisNexis 2000

11 "THE LAW OF DEBTORS AND CREDITORS" 2001

12 "THE HISTORICAL EVOLUTION OF THE BANKRUPTCY DISCHARGE" 65-, 1991

13 "THE DEATH OF CONSUMER BANKRUPTCY IN THE UNITED STATES?" 18-, 2001

14 "TAKING EXCEPTION TO A DEBTOR'S DISCHARGE; THE 2005 BANKRUPTCY AMENDMENTS MAKE IT EASIER" 79-, 2005

15 "SUMMARY OF CERTAIN CRITICAL CONSUMER AND EXEMPTION PROVISIONS" 2005

16 "STANDARD BE REPLACED BY AN OBJECTIVE" 2005

17 "MEANS TESTING IN THE NEW § 707" 79-, 2005

18 "MAJOR CONSUMER BANKRUPTCY EFFECTS OF THE 2005 REFORM LEGISLATION" 2005

19 "HEADS UP!! MAJOR CHANGES MADE TO CONSUMER BANKRUPTCY PRACTICE" 2005

20 "HEADS UP!! MAJOR CHANGES MADE TO CONSUMER BANKRUPTCY PRACTICE" 2005

21 "DISMISSAL AND CONVERSION UNDER THE NEW LAW" 24-, 2005

22 "Consumer Bankruptcy Reform in the 109th Congress CRS Report for Congress" 2005

23 "Case After Johnson An Introduction to Non-Business Serial Filings Under Chapter 7 and Chapter 13 of the Bankruptcy Code" chapter 20 : 9-, 1992

24 "CONSUMER BANKRUPTCY LAW AND PRACTICE, National Consumer Law Center" National Consumer Law Center 2004

25 "CHANGES IN THE RULES OF BANKRUPTCY" 2005

26 "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" The Wisconsin Lawyer 2005

27 "BANKRUPTCY," WEST PUBLISHING CO 1993

28 "BANKRUPTCY REFORM GATHER 'ROUND CHILDREN' YES, THE SKY IS FALLING" 31-, 2005

29 "BANKRUPTCY IN PRACTICE" 2002

30 "BANKRUPTCY AND RELATED LAW IN A NUTSHELL" West Group 2002

31 "BANKRUPTCY" WEST PUBLISHING CO 1996