Page 11 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

Vol. 133 Part 46 Gor Government Gazette 24 May B.E. 2559

If any of the following events occurs, it shall be presumed that the debtor is unable
to pay a debt:
(1) The debtor does not have sufficient assets to cover liabilities;
(2) The debtor fails to pay the debt within a period of time provided and, thereafter,
the debtor receives a letter of demand for debt payment from a creditor, then,
the debtor still does not make a debt payment within thirty days;
(3) The debtor has no assets which can be executed according to a judgment,
or the creditor has applied for an execution of judgment against the debtor
but the debtor has not enough assets to pay the debt;
(4) The debtor is in default to pay the debt to any creditor and there is a circumstance
showing that the debtor is in default or may be in default to pay debts to other creditors;
(5) The debtor has not enough cash flow to pay the debt.
Section 90/93 Any persons entitled to file with the Court a petition for business
reorganization and approval of the Plan are as follows:
(1) One or several creditors on aggregate may be creditors of the debts arising from
business operation and the debts shall be in a definite amount according to
Section 90/92 Paragraph One;
(2) The debtors with characteristics as stated under Section 90/92 Paragraph One.
Section 90/94 A Person under Section 90/93 shall not file a petition for the debtor’s
business reorganization and approval of the Plan in the events as follows:
(1) The Court issued an order for absolute control over the property of the debtor;
(2) The Court or Registrar issued an order for dissolution or revocation of registration
of the juristic debtor, or registration of dissolution was made of that juristic entity,
or the juristic debtor was dissolved by other causes, regardless of whether
liquidation of the said juristic person was completed or not.
(3) The Court on once occasion issued an order for a dismissal of the petition, revoked
the Order for business reorganization and approval of the Plan, or revoked
business reorganization of the debtor under the provisions of this Chapter within
a period of six months prior to filing the petition.
Section 90/95 A petition of a person under Section 90/93 for the Court to issue an order
for business reorganization and approval of the Plan must explicitly describe the following:
(1) The incapability of the debtor in respect of debt payment;
(2) A list of names and addresses of one or several creditors to which the debtor
is indebted for the debts incurred by business operation and the debts are in
a definite amount according to Section 90/92 Paragraph One as well as a list
of names and addresses of creditors;
(3) Reasonable grounds and means of business reorganization.
The petitioner shall attach the Plan together with evidence showing that the creditors
gave their consent to the Plan by at least two thirds of the total amount of debts.

คู่มือพระราชบัญญัติล้มละลาย 9 BANKRUPTCY ACT