Bankruptcy Proceedings in Thailand Part I 泰國破產程序 第一篇
Factors resulting Bankruptcy Litigation 破產起訴原因
In accordance to Section 7 of Bankruptcy Act, B.E. 2483, there are 3 criteria required to bring bankruptcy litigation:
1. Person has less assets than liabilities. 個人負債大於資產。
2. The debtor is domiciled in Thailand; or 債務人居住在泰國；或
3. A debtor conducts business in Thailand, either by himself or by an agent while the creditor files bankruptcy petition or within one year before that.
1. Rules for filing bankruptcy cases to the court 向法院提交破產請求的規定
The creditor may initiate a bankruptcy action against the debtor under Section 9:
1.1 Person has less assets than liabilities; 個人負債大於資產；
1.2 The debtor is a natural person is indebted to one or several plaintiff creditors in the amount of not less than one million baht or a debtor who is a legal entity is indebted to one or more plaintiff creditors in an amount of not less than two million baht; and
1.3 The definite amount of such debt is determinable, whether the debt is due immediately or in the future.
2. Subject to Section 9, a secured creditor may institute a bankruptcy action against the debtor under Section 10 only if:
2.1 The secured creditor is not prohibited from enforcing payment of the debtor against the debtor’s property in excess of the property given as security; and
2.2 The secured creditor makes a statement in the plaint that he shall, upon bankruptcy of the debtor, waive the security for the benefit of all creditors or makes an assessment of the security in the plaint and, after deduction of the amount of the debt therefrom, the deficit amounts to not less than one million baht in case of the debtor who is a natural person or amounts to not less than two million Baht in case of the debtor who is a juristic person.
The judge's bankruptcy ruling 法官的破產裁定
The court must consider the facts provided in Section 9 or Section 10 (Section 14).
Bankruptcy proceedings in court 法院破產程序
1. Accept a lawsuit, set a date for summons 受理訴訟，設定傳票日
2. Examine witnesses in court 在法院審問證人
3. Order for absolute receivership or dismissal of the case 絕對接管或將案件撤回的命令
4. Notify the Official Receiver in order for the Receiver to take the action as follows:
4.1 Publication. 公告。
4.2 Notification of the judge's order. 通知法官的命令。
4.3 The plaintiff to deposit fees and expenses.原告押金及支出。
4.4 Inform the officers to seize, freeze and dispose of the seized property.
4.5 Submit a summon to the debtor for investigation. 向債務人提交傳票以進行調查。
4.6 Require the debtor to submit an explanation and a property account.
4.7 Receive a debt payment request - make an appointment to check the request.
4.8 First creditors’ meeting. 第一次債權人會議。
4.9 Report the results to the court. There are two separates situations:
4.9.1 In the case of a combination of debts is not approved reported to the court for bankruptcy judgment and schedule an open debtor inquiry.
4.9.2 In the case that the compounding is approved by the meeting, reported requesting the court to investigate the debtor openly and consider the request for reconciliation.
5. In the case of the court sentenced the debtor to bankrupt, it will notify the Official Receiver to proceed further.
5.1 Publish the announcement of bankruptcy judgment. 公告法院破產判決。
5.2 Proceed to sell the confiscated property. 繼續出售沒收的財產。
6. The court scheduled an open examination of the debtor and informed the Official Receiver to proceed. 法院安排對債務人進行公開審查，並通知官方接管人繼續執行。
6.1 Announcement for an appointment of an inquiry. 宣布預約調查。
6.2 Notify creditors and debtors. 通知債權人及債務人。
6.3 Appoint a lawyer for the case. 委任律師。
7. The court examines the case and sends a copy to the Official Receiver.
8. The court considers the debtor's compounding request, and will notify the Official Receiver to take the following actions:
8.1 Notify creditors and debtors; 通知債權人及債務人；
8.2 Make a report to the court under Section 50. 根據第50條向法院報告。
9. Consider an order for the debtor's compounding request, and the court will notify the Official
Receiver to take the following actions:
9.1 Publication of announcement of court order. 公告法院判決。
9.2 Collect the debtor's money. 追討債務人的金錢。
9.3 Cancel the compromise if the debtor is in default. 如果債務人違約，取消和解。
9.4 Collect assets of the debtor. 追討債務人的資產。
9.5 Investigate a claim against property of other creditors.
9.6 Revoke the transfer of property. 撤銷財產移轉。
9.7 Debt collection. 討債。
9.8 Investigate the request for debt repayment and report the opinion to the court.
9.9 Share assets for creditors. 債權人共享資產。
9.10 Request to extend the period of property division. 要求延長財產分割期限。
9.11 End the case. 案件結案。
9.12 A natural person adjudged bankrupt shall forthwith be discharged from bankruptcy upon the lapse of the three-year period as from the date of the adjudication of bankruptcy under Section 81/1.
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