Page 17 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

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

Section 90/103 The provisions of Section 90/11 shall apply mutatis mutandis to the
Court’s enquiry into the petition.
Section 90/104 Commencing from the date the Court ordered for acceptance of the
petition for consideration up until the due date of the implementation period of the Plan, or the
date the Plan was implemented completely, or the date the Court ordered for dismissal of the
petition or disposal of the case, revocation of the order for business reorganization and approval
of the Plan, or cancellation of business reorganization under the provisions of this Chapter.
(1) Any filing of a lawsuit or an application with the Court for judgment or dissolution
of a juristic entity of the debtor is prohibited. If there was a prior lawsuit or a prior
application filed with the Court for the so-doing, the Court shall stay its
adjudication of such the lawsuit;
(2) A Company Registrar shall not issue an order for dissolution or deregistration of the
juristic entity-debtor and any other way of dissolution of that juristic entity is prohibited;
(3) A civil lawsuit against the debtor respecting the property of the debtor and
a proposal for resolution of a dispute to an arbitrator respecting the liability of or
damages to the debtor are prohibited in the case that the debt was incurred prior
to the Court’s order for business reorganization and approval ofthe Plan. The debtor
is also prohibited from being a respondent in a bankruptcy case. A prior lawsuit filed
with the Court or a prior proposal for resolution of a dispute made to an arbitrator
shall be stayed, unless the Court accepting the petition orders otherwise;
(4) Execution of the Court’s judgment against the debtor’s property is prohibited
if the debt was incurred prior to the date of the Court’s order for business
reorganization and approval of the Plan. In the event that execution of the Court’s
judgment is already underway, the Court shall stay its execution of that judgment,
unless the Court accepting the petition orders otherwise, or the execution of the
judgment has been completed before the official executing the judgment is made
aware of the fact that the petition was submitted, or the execution of the Court’s
judgment compelling the debtor to deliver certain property has been completed
before that date.
In the event that the seized or attached property is perishable, or if there is any
retention, and any damage or expenses may exceed the value of that property, the official
executing the judgment shall sell the property by auction or by any other appropriate method.
These monies shall be retained. If the Court orders for business reorganization and approval
of the Plan, the official executing the judgment shall deliver the monies to the Plan Executor for
expenditure. If the Court issues an order for dismissal of the petition, disposal of the case, revocation
of the order for business reorganization and approval of the Plan, or cancellation of the business
reorganization, the official executing the judgment shall pay monies to a judgment creditor(s).
(5) A secured creditor is prohibited from enforcing debt payment against the secured
property, unless permission is obtained from the Court accepting the petition;
(6) A creditor with lawful permission to enforce debt payment is prohibited from
seizing or selling the property of the debtor;

คู่มือพระราชบัญญัติล้มละลาย 15 BANKRUPTCY ACT