Composition Procedure:
The court must, ex officio, discontinue the procedure if the
following event occurs:
1) the debtor does not submit the Composition plan prior to the
approval of composition; or
2) the resolution approving the Composition plan is not adopted
within 2 months of the first meeting of creditors or the extended
period given by the court.
The court may, ex officio, discontinue the procedure if the following
event occurs:
1) the debtor violates the preservation order of the court; or
2) the debtor acts not in the ordinary course of business without
the consent of administrator.
In such cases, if the debtor has any reason to claim bankruptcy,
then the court may, ex officio, adjudicate the bankruptcy and
the creditors or debtor may apply for the bankruptcy procedure
to the court.
Reorganization Procedure:
After the commencement of the Reorganization procedure and before
the approval of reorganization plan, the court shall, ex officio,
discontinue of the procedure in any of following cases:
1) the Reorganization plan is not submitted within the period
specified by the court;
2) the interested parties disapproves the Reorganization plan;
or
3) the resolution approving the organization plan is not adopted
within 2 months of the first meeting of interested persons or
extended period given by the court.
Additionally, when it has become unquestionably clear that the
reorganization of the business is not possible, even before the
approval of the Reorganization plan, the court shall, upon application
of the receiver or its own motion, discontinue the Reorganization
procedure. Also if it has become clear that the debtor is able
to make complete payments of obligations to the Reorganization
creditors during the proceeding and before the approval of the
plan, the court may rule for discontinuance of the Reorganization
procedure.
Bankruptcy Procedure:
The bankruptcy procedure shall be terminated when the complete
distribution of the proceeds of bankrupt estate occurs.
Furthermore, the court may discontinue the Bankruptcy procedure
upon receiving the application of the bankrupted party, by furnishing
a security, has obtained consents from the non-consenting creditors
who did not give its consent previously. Also in cases where the
court has found the bankrupt estate is insufficient to cover the
costs of the Bankruptcy procedure, the court shall rule for discontinuance
of the procedure.