Page 19 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

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

(7) An owner of the property, which is essential to the business operation of the debtor
and which is under a hire-purchase agreement, a sale and purchase agreement,
or other agreements with conditions or time frames for transfer of rights of ownership,
or a lease agreement with the mutually agreed term which has not yet
expired, is prohibited from seizing the subject property being in possession of the
debtor or other persons who enjoy the debtor’s rights. Also, the owner of the
property is prohibited from filing a lawsuit to enforce execution of a judgment in
respect of the property and debts arising out of such agreements. Those prior
filing of lawsuits shall be stayed, unless the Court accepting the petition orders
otherwise, or after the Court has ordered for business reorganization and approval
of the Plan, the debtor or Plan Executor, as the case may be, is in default of making
payment on two consecutive occasions of the hire-purchase instalments, price,
a consideration for utilization of property or a contractual rent, or breaches
an essential term of the agreement;
(8) The debtor is prohibited from entering into a transaction that will result in the
disposal, sale, transfer, rent, payment of or incurring a debt, or any act which may
encumber its property, except where necessary for the purpose of carrying on its
ordinary business, unless the Court accepting the petition orders otherwise;
(9) A Court injunction or an order for temporary control over the debtor’s property
obtained prior to the date the Court issued an order accepting the petition for
consideration in respect of the seizure, attachment, prohibition of disposal, sale or
transfer of the debtor’s property shall be stayed or amended as the Court deems it
appropriate. If, thereafter, 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 business reorganization, the Court shall
issue an order respecting temporary measures or temporary control over the
debtor’s property as deemed appropriate;
(10) Public facility providers, e.g., electricity, water, telephone services are prohibited
from stopping rendering their services to the debtor, except where permission is
obtained from the Court accepting the petition, or after the date the Court issued
an Order for business reorganization and approval of the Plan, the debtor or Plan
Executor, as the case may be, fails to pay for the services, arising after the date
the Court issued an Order for business reorganization and approval of the Plan,
on two consecutive occasions. However, public facility providers are not prohibited
from filing a request with the Court accepting the petition to issue an order as the
Court deems it appropriate for protection of the interests of the requester.
A Court judgment, a Court order, or an arbitrator’s final decision, which contradicts the
provisions of any subsection of Paragraph One, shall not be binding on the debtor.
Any order issued by the Partnerships and Companies Registrar, a relevant Juristic Entities
Registrar, or a person with power and duty concerning the juristic entity-debtor, a juristic act or any debt
payment, which contradicts the provisions of any subsection of Paragraph One, shall be void.
Section 90/105 The provisions of Section 90/13, Section 90/14, and Section 90/15 shall
apply, mutatis mutandis, to an amendment or revocation of the limitations of the creditor’s rights,
implementation which is deemed to be protection over the secured creditors, the statute of
limitations and a period of time in respect of the Court proceedings and execution of the Court’s
judgment, and a period of time for submission of the dispute to arbitration.

คู่มือพระราชบัญญัติล้มละลาย 17 BANKRUPTCY ACT