

Q
I am curious about the difference between corporate rehabilitation and corporate bankruptcy.
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Given the current economic climate, my company's situation is not good, so I am agonizing between corporate rehabilitation and corporate bankruptcy. I am not sure which to choose between the corporate rehabilitation and corporate bankruptcy procedures. I am curious about how the two systems differ; is there someone who can explain? Please explain in what situations each is the right choice.
Corporate rehabilitation
Corporate bankruptcy
Answer to Related Inquiry
Author: 정찬우
You are considering corporate rehabilitation and corporate bankruptcy and are curious about the difference between them.
First, corporate rehabilitation and corporate bankruptcy are two legal procedures that a company can choose when it faces a financial crisis.
Corporate bankruptcy is a procedure in which, when a company is unable to pay its debts, the court disposes of all of the company's assets and distributes them to creditors, and the company is dissolved; it is a liquidation procedure.
On the other hand, corporate rehabilitation is a reconstruction procedure in which, when a company has a possibility of rehabilitation, its debts are frozen or adjusted so that the business continues and profits are distributed to creditors.
Rehabilitation sometimes proceeds with the representative director maintaining management, whereas bankruptcy is managed by a bankruptcy trustee appointed by the court.
In addition, rehabilitation can also be applied for by shareholders, whereas bankruptcy can be applied for only by the company and creditors.
If there is room to save the business, a prompt rehabilitation application is important.
Because rehabilitation and bankruptcy differ greatly in procedure and outcome, careful judgment suited to the company's situation is necessary.
For details, please confirm through a consultation with a specialized attorney with extensive experience in corporate rehabilitation and bankruptcy cases.

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