Page 13 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

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

Section 90/96 In the Plan, at least there must be the following items:
(1) Reasons for business reorganization;
(2) Details of assets, liabilities and obligations of the debtor at the time of filing the Petition;
(3) Principles and methods of business reorganization
(a) Steps of business reorganization;
(b) Debt payment, extension of time for debt payment, reduction of an amount of
a debt, classification of creditors by taking into account the rights of creditors
in the same group which must be treated equally, provided that the creditor which
is treated to disadvantage in that group shall give a written consent thereto;
(c) Decreases and increases in capital;
(d) Creation of debts and raising of capital, including sources of capital and
conditions of the said debts and capital;
(e) Management of and putting the property of the debtor to profitable use;
(f) Conditions on allotment of dividends and any other benefits.
(4) Redemption of collateral in case of secured creditors and liabilities of guarantors;
(5) Guidelines on how to solve problems in case of a temporary lack of liquidity during
the implementation of the Plan;
(6) Methods of assignment of a claim or transfer of a debt;
(7) The name, qualifications, written consent of the Plan Executor and remuneration;
(8) Appointment and removal of the Plan Executor;
(9) The duration of time for implementation of the Plan which must not exceed
three years;
(10) Non-acceptance of the property of the debtor or contractual rights in the event
that the property of the debtor or contractual rights have much more burden than
receivable benefits;
Section 90/97 In petitioning for business reorganization, the petitioner shall pay one
thousand baht for initial court fees and give a deposit of ten thousand baht to the Court at the
time of filing the petition with the Court as collateral on expenses for which the petitioner shall be
responsible in petitioning for business reorganization, or pay a sum at the discretion of the Court.
In the event that the petitioner refuses to give a deposit as collateral under the previous
paragraph, it shall be deemed that the petitioner abandoned the petition with the Court for it to
strike the case out of the case list.
Section 90/98 No petitioner shall be permitted to withdraw the petition unless the Court
gives permission to do so. However, if the Court has issued an Order for business reorganization
and approval of the Plan, the Court shall not be able to give permission to withdraw the petition.
In the event that the petitioner abandons the petition, or is in default of appearance at
the Court hearing, or the Court gives permission to withdraw the petition, prior to the court order
for disposal of the case, publication shall be made in one widely distributed daily newspaper in
order to let the creditors and debtor know at least seven days in advance.

คู่มือพระราชบัญญัติล้มละลาย 11 BANKRUPTCY ACT