Knowing the loan exemption system, a lawyer in Hokkaido gives a free telephone consultation on Corona
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The Japan Federation of Bar Associations would like to inform you that the economic impact of the new coronavirus was applied to the "Natural Disaster Debt Consolidation Guidelines" (disaster loan reduction and exemption system) in December last year, and it was treated the same as a disaster. is.
Bar associations nationwide today offer free telephone consultations for people affected by the new coronavirus. → Continue reading
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Natural disaster debt consolidation guidelines
Natural disaster debt consolidation guidelines(Hereinafter referred to as the "Guidelines") means that an individual debtor is unable to repay his or her existing debt such as a mortgage or reform loan due to the effects of a natural disaster, and the creditor (mainly finance). Rules for debt consolidation based on an agreement with an institution (so-called institution)Bylaw type private arrangementIt is a kind of).The official name is "Guidelines for debt consolidation of victims of natural disasters. "
The general content is to suspend payments to financial creditors, and in the meantime, compile a draft mediation clause that all target creditors can agree on, and in court.特定 調停The goal is to make it legally binding by using the procedure of.
(Hereinafter simply referred to as the "operating organization") is in charge of operation.
Initially enactedDisaster Relief ActIt was intended only for natural disasters that are subject to the application ofThe epidemic of the new coronavirus infection in Japan had a great impact on individual economic activitiesIn view of this, debt consolidation based on this guideline will be made available to debtors who are in financial difficulty due to the effects of the epidemic of the new coronavirus infection.Corona Special Provisions(Commonly known as "Corona version loan exemption system",Official name"Special provisions when applying the "Guidelines for Debt Consolidation of Victims of Natural Disasters" to Coronavirus Infectious Diseases]) Was enacted.
In other words, despite the fact that the value of real estate for housing and business was damaged by these disasters and repairs were required, the existing debts such as mortgages remained as they were, so repair costs, etc. You can't borrow new money to cover your mortgage, or even if you can, you'll suffer from double mortgage payments.
This issue was addressed on March 23, 3.Great East Japan EarthquakeBut it appeared.Therefore, on June 23, 6, the government compiled a "policy for dealing with the double debt problem" at the relevant ministerial meeting., Established "Private organization guidelines for individuals".
In response to this, legal scholars, lawyers, financial institutions (ZenginkyoIncluding industry groups such as. ), Etc., the "Guidelines for Private Reorganization of Individual Debtors" was established, and on July 7, the same year, the "Guidelines for Private Reorganization of Individual Debtors" was formulated.The guideline was intended only for debtors who were victims of the Great East Japan Earthquake (Guideline 15. (3)), and since it was a rule that mainly stipulates the consolidation of financial debt, it will continue to deal with similar problems caused by natural disasters. It was hoped that a system that could be built would be possible.
Therefore, on September 27, 9, the "Guideline Study Group on Debt Consolidation of Victims of Natural Disasters" was established, and in December of the same year, this guideline was formulated and published.
This guideline has been applied since April 28, 4.
In October 2nd year of Reiwa, as a disaster subject to this guidelineGreat East Japan EarthquakeWas added.As a result, the predecessor of this guideline, "Guidelines for Private Reorganization of Individual Debtors," has finished its role and will be abolished only on March 3, 3rd year of Reiwa..
This applies to the Great East Japan Earthquake and natural disasters to which the Disaster Relief Act was applied after September 27, 9 (paragraph 2 of this guideline).
Have all of the following requirementsBe an individualDebtors (hereinafter referred to as “target debtors”) are eligible (Section 3 (1) of this guideline).
1 Repayment of mortgages, home remodeling loans, business loans and other existing debts due to the impact of disasters on the living infrastructure such as residences and workplaces and business infrastructures such as business establishments, business facilities and business partners. It is certain that it cannot be done or that it will not be able to repay its existing debt in the near future. 2 Being sincere about repayment and properly disclosing its property status (including debt status) to the target creditors. 3 Before the disaster occurred, there was no act corresponding to the reason for loss of profit due to the debt owed to the target creditor.However, this does not apply with the consent of the subject creditor. 4 Economic rationality can be expected for the target creditors, such as the possibility of obtaining a recovery equivalent to or greater than the bankruptcy proceedings and civil rehabilitation proceedings when debt consolidation is carried out based on these guidelines. 5 If the debtor is a business operator who intends to rebuild or continue the business, the business has business value and there is a possibility of rebuilding with the support of the target creditor. 6 It is not an antisocial force, and there is no fear of it. 7 Bankruptcy lawThere is no reason for disclaimer of liability as stipulated in Article 252, Paragraph 1 (excluding item 10).
In principle, it is a financial institution (this guideline 3. (2)).
Features of this guideline
In legal arrangements, the debtor must bear the filing costs, but in cases where the home remains, it is often a case of bankruptcy, and the amount of payments and payments is often large (for example, Tokyo). Even if it is applied by the District Court Bankruptcy Rehabilitation Department, a minimum payment of 20 yen is required.)In addition, if you want to receive the support of a qualified expert, you will have to pay at least hundreds of thousands of yen.
On the other hand, there is no cost to apply for debt consolidation based on this guideline, and there is no need to pay compensation for registration support specialists, which will be described later.The cost (fee and prepaid postal ticket) required for filing a petition for specific mediation must be borne by the target debtor, but the fee is as low as about 500 yen in many courts, andSpecific emergency disasterIt may be treated as free of charge under certain conditions such as being designated as.
Non-registration with credit bureau
Even if debt consolidation is carried out based on this guideline, the target creditor will not report or register it with the credit information agency as long as the procedure is effectively pending (paragraph 10 (2) of this guideline).Therefore, the debtor can keep the hurdle for new borrowing low.
More free property
In bankruptcy proceedings, the maximum amount of property that the debtor can keep is 99 yen in principle, excluding property prohibited from seizure (Bankruptcy Law, Article 34, Paragraph 3).
On the other hand, in this guideline, in addition to the forbidden property, 500 million yen for cash and deposits and 250 million yen for household insurance money are allowed to be left as a guideline for the upper limit.
In bankruptcy proceedings, as a general rule, your home will be converted into cash and will not be recognized as free property.
On the other hand, in this guideline, the debtor can choose whether to dispose of the money in exchange or instead to pay the amount equivalent to the "fair value" to preserve his / her home.
The "fair value" here is calculated assuming that the property will be disposed of at the time of the application for debt consolidation (Q & A 8-5,8-2 of this guideline), so taking into account the damage to your home due to a disaster. It will be calculated, and it is considered that it is often kept relatively inexpensive.
No claim to personal guarantor in principle
When a monetary debt is covered by a personal guarantee, it is common for a creditor to consider asking the guarantor to fulfill the guarantee obligation.However, in this guideline, as a general rule, individual guarantors are not required to fulfill their guarantee obligations (paragraph 8 (5) pillar of this guideline).
From lawyers, certified accountants, tax accountants and real estate appraisersRegistration support expertIs registered (Section 4 of this guideline).
The target debtor can request the commission of a registration support expert by applying to the operating organization through the professional organization to which each registration support expert belongs.Registration support specialists perform the following tasks.However, due to the nature of some operationsLawyer lawSince it falls under the legal affairs referred to in Article 72, it can only be performed by a registration support specialist who is a lawyer (paragraph 4 (2) of this guideline).
1 Support for debt consolidation proposals 2 Support for preparation and submission of documents required for debt consolidation proposals 3 Support for preparation of draft mediation clauses 4 Support for comprehensive coordination among stakeholders involved in drafting mediation clauses 5 Mediation clauses Submission to the target creditors of the draft and support for explanations to the target creditors of the mediation clause draft of the same paragraph (7) 6 Preparation of necessary documents for the petition for specific mediation and the specific mediation after the petition for specific mediation Support for procedure implementation until the end of procedure
Registration support specialists are considered to be in a fair and neutral position and are not agents of the target debtor (Q & A 4-1 of this guideline).In addition, due to the progress of the procedure, it is not possible to receive the support of a registration support expert before the offer to start.If the debtor wants to know the outlook for the procedure based on this guideline in advance, or if there is a possibility of shifting to legal arrangement, it is considered useful to consult a separate lawyer in advance.However, the target debtor cannot designate an agent lawyer appointed by himself / herself as a registration support expert (Q & A 5-6 of this guideline).
Offer to start procedures with the main bank
Individual debtors who wish to use this guideline offer to the main bank (the financial institution that borrows the largest amount of loans) to start the procedure of the guideline.The main bank that receives the offer shall, within 10 business days, express in writing consent or disagreement to start the procedure based on this guideline, but at this time, the offerer shall make the above-mentioned "target debtor". You may not express your disagreement unless it is clear that you do not meet any of the requirements of.
Commissioned by a registration support expert
The target debtor who receives the written consent from the main bank will commission a registration support expert.At this time, due to the limitation of the scope of work derived from the above-mentioned qualifications (paragraph 4 (2) of this guideline), in principle, the support of a registration support expert who is a lawyer will be entrusted.
Offer to start debt consolidation
After the registration support expert has been commissioned, the debtor will offer all eligible creditors in writing on the same day for debt consolidation based on this guideline.At this time, the application and necessary documents can be submitted through a registration support expert.
A "suspension" will occur from the time of the request to the end of debt consolidation based on this guideline.During this period, the target debtor is, in principle, prohibited from bearing new debt or providing collateral (except with the consent of all creditors), and is also prohibited from paying some of the target creditors.On the other hand, the target creditor must maintain the credit balance of the target debtor, and is prohibited from executing security interests or filing a petition for the commencement of legal bankruptcy proceedings.
As a general rule, the period of suspension is up to 6 months from the date of the application for debt consolidation.
Preparation and submission of draft mediation clause
The target debtor prepares a draft mediation clause with the target creditor with the support of a registration support expert.In principle, the repayment plan in the draft mediation clause must be within five years, and there are certain restrictions on its content.In addition, in the case of a sole proprietor, it is necessary to include the business outlook in the content, so it is desirable to receive the support of a registration support expert who is a certified accountant.
As a general rule, the draft mediation clause must be submitted within 3 months from the date of the application for debt consolidation, but for sole proprietors who consider repayment from future profits, it may be within 4 months and may be extended for a certain period of time.
After submitting the draft mediation clause, the target debtor will explain the draft mediation clause to all the target creditors with the support of the registration support expert.The target creditor shall, in principle, notify in writing within one month from the date of receiving the explanation that he / she agrees / expects to agree or disagrees with the proposed mediation clause.
If the consent or prospect of consent of all the target creditors is not obtained within the deadline, the debt consolidation based on this guideline will be unsuccessful and will end.
Petition for specific arbitration / establishment of debt consolidation
If the consent or prospect of consent of all the target creditors is obtained within the time limit, the target debtor will contact the summary court having jurisdiction.特定 調停Make a petition.In the specific mediation procedure, if the specific mediation procedure is completed as a result of all the target creditors agreeing to the proposed mediation clause, debt consolidation based on this guideline will also be established and terminated.
According to the governing body, as of March 3, 3rd year of Reiwa, 6 cases were commissioned as registration support specialists for natural disaster cases, of which 1,178 cases were cleared of debt..
Corona Special Provisions (Corona Version Loan Reduction and Exemption System)
New coronavirus infectionIs the target.
Applicable reference date
February 2, 2nd year of Reiwa (the date of enforcement of "Cabinet Order for Establishing New Coronavirus Infectious Diseases as Designated Infectious Diseases (Cabinet Order No. 1 of 2nd Year of Reiwa)") will be the "base date" (Corona Special Provisions) Item 11).
Record date in addition to existing debtAfter thatCertain debts borne by October 10 of the same year are also covered.In this regard, the main rules of this guideline (hereinafter simply referred to as "main rules") are the dates on which the target disasters occur.BeforeIt is different from the fact that only the existing debt borne by the company was targeted.
The following requirements must be met for debt borne after the record date.
Debt caused by receiving the following loans, etc. with the main purpose of responding to the decrease in income and sales due to the influence of the new coronavirus infection 1 Special for the new coronavirus infection of government-affiliated financial institutions Loans 2 Really interest-free and unsecured loans at private financial institutions 3 Loans for individuals at private financial institutions
Have all of the following requirementsBe an individualThe debtor becomes the debtor subject to the Corona Special Provisions (Corona Special Provisions 5. (1)).
1 Income and sales decreased due to the impact of the new coronavirus infection (specifically, the date of application for debt consolidation in Paragraph 6 (1) of the Natural Disaster Guidelines compared to the income and sales before the record date. Due to a decrease in income, sales, etc. at the time), it is not possible to repay the mortgage loan, housing reform loan, business loan and other debts covered by this special provision, or the debt covered by this special provision in the near future. It is expected that it will not be possible to reimburse. 2 Being sincere about repayment and properly disclosing its property status (including debt status) to the target creditors. 3 Before the record date, there was no act corresponding to the reason for loss of profit due to the target debt.However, this does not apply with the consent of the subject creditor. 4 Economic rationality can be expected for the target creditors, such as the possibility of obtaining a collection equal to or greater than the bankruptcy proceedings and civil rehabilitation proceedings when debt consolidation is carried out based on these special provisions. 5 If the debtor is a business that intends to rebuild or continue the business, the business has business value and there is a possibility of rebuilding with the support of the target creditor. 6 It is not an antisocial force, and there is no fear of it. 7 Bankruptcy lawThere is no reason for disclaimer of liability as stipulated in Article 252, Paragraph 1 (excluding item 10).
Changes from the main rules
Proposed mediation clause including special housing fund clause
Unlike the main rules for natural disasters, it is usually unthinkable that a new coronavirus infection will damage your home property.Therefore, even if this rule is applied as it is, the "fair value" that the target debtor should pay in order to preserve his / her home will be high, and the purpose of the Corona Special Provisions is "due to the debtor's self-help efforts." It will not contribute to the support for "reconstruction of life and business" (Corona Special Provisions, Paragraph 1).
Therefore, in the Corona Special Provisions, in the draft mediation clause,Civil Rehabilitation LawIt has become possible to provide the same provisions as stipulated in Article 196, Item 4 (Corona Special Provisions, Paragraph 6 (1)).
Free property restrictions
Under this rule, cash and deposits and insurance claims are managed to allow a significantly larger amount of free property than in the case of legal arrangements.However, in the operation of the Corona Special Regulations, a specific amount is not set in consideration of circumstances different from the application situation of this regulation, such as the fact that damage to the home does not usually occur.Therefore, it is expected that the scope of free property is basically the same as in the case of legal arrangement.
According to the governing body, as of March 3, 3rd year of Reiwa, 6 cases were commissioned as registration support specialists for corona projects, of which 94 cases are still in the process of proceeding..
- ^ Operating agency website
- ^ "About "policy for dealing with the double debt problem" in the Great East Japan Earthquake". Cabinet Secretariat. NovemberBrowse.
- ^ "End of application of personal guidelines and support for victims of the Great East Japan Earthquake by natural disaster guidelines”. Operating agency (October 2020, 10). NovemberBrowse.
- ^ a b "Usage situation”. Operating agency. NovemberBrowse.
- "Guidelines for debt consolidation of victims of natural disasters”. Operating agency. NovemberBrowse.
- "About special rules when applying to new coronavirus infection”. Operating agency. NovemberBrowse.
- ""Corona version loan reduction and exemption system" leaflet”. Japan Federation of Bar Associations. NovemberBrowse.