The subject of ‘the Possibility of Repeated Filing’, which is if a debtor who wasdenied a discharge in a prior case can file a petion for bankruptcy again, has long been discussed in Korea and Japan. Supreme Court of Korea first ruled in this case...
The subject of ‘the Possibility of Repeated Filing’, which is if a debtor who wasdenied a discharge in a prior case can file a petion for bankruptcy again, has long been discussed in Korea and Japan. Supreme Court of Korea first ruled in this case that a debtor in such circumstances cannot file again under the current provisions about the extension of the period for filing for a discharge. But the existence of such cannot justify the conclusion above. To determine if the repeated filing is prohibited, it should be considered first whether the financial situation forcing a debtor insolvent again is substantially the same as in a prior case. Besides, there can be various cases in which a debtor wants to file a petition for bankruptcy again, such as the case in which a debtor has been dismised in a prior case, the case in which a debtor was denied a discharge, the case in which some creditors or debts have been omited, the case in which a debtor has been granted a partial discharge, and so on. In this article, I tried to analyze those cases in regard of the Korean, American and Japanese law systems respectively.