A Comparative Study of Personal Discharge System -- Focus on “Consumer Bankruptcy Proceedings” of R.O.C. and Chapter 5, 7, 13 of Title 11 U.S. Code

• Main Authors: Jei Tseng, 曾傑
• Other Authors: 王志誠
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/78262619756008245222

碩士 === 國立中正大學 === 財法所 === 97 === The debt discharge is the statutory forgiveness of debts that are not paid in full in the individual bankruptcy proceedings. The goal of discharge system is to provide a “fresh start” to debtors, and the right to receive a discharge as a matter of law, even in the absence of the creditor assent. For this reason, it is the principal incetive for debtors to seek individual bankruptcy relief. However, the “fresh start” policy must be balanced against some policies served by bankruptcy code or other laws. Generally speaking, bankruptcy’s “fresh start ” is meant to help the honest debtor and not to provide a means for the unscrupulous evasion of bebt. Thus, there are many provisions in individual bankruptcy law that deny or limit the discharge where the debtor has dealt dishonestly with creditors or has tried to abuse the spirit and purpose of the system. This article is a comparative study of personal discharge system, focus on “Consumer Bankruptcy Proceedings” of R.O.C. and chapter 5, 7, 13 of title 11 U.S.A Code. It researches the foundation of personal discharge system, and other important subjects of discharge, includes its scope, effect, the difference between liquidation and reorganization procedures, matters of dening the discharge, nondischargeable debts, hardship discharge, agreement to discharge, waiver or revocation of the discharge.