Halting All Debt Collection and Garnishment via Prompt Prohibition Order
26-08-03 148
본문
1. Case Overview
The client was compelled to apply for personal rehabilitation at the court due to unmanageable, excessive debt. Before and after the application, the client was subjected to daily harassment and pressure from creditors' collection calls. The client was in a highly urgent and precarious situation where compulsory execution against household goods and monthly salary could be enforced at any moment.
The core of this case was undoubtedly 'time.' The highest priority was to rapidly establish the court's defensive shield before the creditors' compulsory execution actually took place, thereby protecting the debtor's sole means of livelihood, salary and severance pay, and halting all acts demanding repayment or collection.
Law Firm Theo's bankruptcy team recognized the client's desperate situation and acted swiftly immediately upon retention.
- Preparation of Tailored Explanatory Materials: Based on Article 593(1) of the Debtor Rehabilitation and Bankruptcy Act, we logically proved that the client's livelihood would be severely threatened if a 'Prohibition Order' was not issued immediately.
- Prompt and Accurate Application: To leave no room for compulsory execution to begin, we filed an application for a prohibition order with the court without delay, equipped with perfect documentation, and strongly persuaded the court of its necessity.
4. Result of Assistance
The court fully cited Law Firm Theo's meticulous explanation and swift application! As a result, even before the decision to commence the personal rehabilitation procedure was made, all compulsory executions, provisional attachments, and provisional dispositions regarding the debtor's household goods and salary were completely prohibited legally. Furthermore, all debt collection calls that had been tormenting the client were immediately stopped. Thanks to Theo's assistance, the client escaped the agonizing pain of collection, regained a peaceful daily life, and was able to stably prepare for the rehabilitation procedure.
________________________
