| 英文摘要 |
In The Consumer Debt Clearance Statute rehabilitation process, it is rare for a debtor to propose a rehabilitation plan that is approved by creditors’ meeting. Therefore, it is the debtor’s primary goal to propose a rehabilitation proposal that meets the “best efforts” requirement and can be approved by court. However, a debtor’s declaration of “income” for the purpose of a rehabilitation proposal will often be challenged by the court for the following reasons: Is it reasonable for the debtor to work for less than the minimum wage? Should work bonuses be counted as income? Are “disposable income”, “fixed income” and “salary” the same concept? The amount of the debtor’s income will directly lead to whether the debtor’s proposed rehabilitation plan meets the “best efforts” requirement. In this article, we will try to analyze the above issues and put forward our personal suggestions based on the observations of judgments, which will serve as a reference for debtors when they report their income. |
