消費者債務清理的漏網之魚──法院針對債務有無不能清償之虞認定之情形

The Omission of Consumer Debt Clearance: the Court’s Determination of “the Risk of Inability to Repay”

消費者債務清理條例於2008年4月11日施行迄今已逾15年，期間聲請更生或清算事件之裁准比例均有顯著提升，惟我國法院仍有以債務人不符合消費者債務清理條例第3條規定「債務人不能清償或有不能清償之虞」要件為由，駁回債務人更生或清算之聲請情形。本文嘗試透過具體個案之分析，探討常見債務人可能經認定不符合「債務人不能清償或有不能清償之虞」之情形及不同觀點。希冀消費者債務清理案件可以協助更多債務人及其家屬，減少因債務問題發生憾事之可能。

The Consumer Debt Clearance Statute has been in effect for over 15 years since its implementation on April 11, 2008. During this period, there has been a significant increase in the approval rate of applications for consumer debt rehabilitation or liquidation. However, despite this trend, there are still instances where our courts reject such applications on the grounds that the debtor does not meet the criteria outlined in Article 3 of the Consumer Debt Clearance Statute, which stipulates that “the debtor is inability to repay or is at risk of inability to repay.”
This article attempts to explore common scenarios where debtors may be deemed ineligible for consumer debt clearance based on the criterion of “the debtor is inability to repay or is at risk of inability to repay.” Through the analysis of specific cases and different perspectives, it aims to shed light on the challenges faced by debtors in seeking rehabilitation or liquidation. The ultimate goal is to facilitate more debtors and their families in resolving debt issues and preventing potential tragedies.