Page 21 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

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

Part 4
Procedures after the Court Order for
Business Reorganization and Approval of the Plan
Section 90/106 Once the Court issued an Order for business reorganization and
approval of the Plan, the Court shall publicize that Order in one widely distributed daily newspaper
and urgently notify the Partnerships and Companies Registrar or relevant Juristic Entities
Registrar thereof in order for the Registrar to record the Court Order in the registry. Also, an Official
Receiver must be notified of the said Order for it to be publicized in the Government Gazette.
Section 90/107 The Plan approved by the Court shall be binding on the creditors who
attended a meeting at which a resolution for the Plan was passed or those who were invited to
attend the meeting for the said resolution.
Section 1055 (1), (2), and (4), Section 1056, Section 1057 (1) and (2), Section 1117, Section
1119, Section 1145, Section 1220 up to Section 1228, and Section 1238 up to Section 1243
of the Civil and Commercial Code shall not apply to the Plan under this Section.
The Court Order for business reorganization and approval of the Plan does not have
an impact on or a change in the liability of a person who is a partner of the debtor or having joint
liability with the debtor, or who is a guarantor or acting as a guarantor of the debtor, for the debt
existing prior to the date of the Court Order. Also, it has no effect causing such a person to be
liable for the debt incurred under the Plan since that date unless otherwise such a person
consents to it in writing.
Section 90/108 During implementation of the Plan, if a creditor submits a request to
the Court in respect of the debt incurred prior to the Court Order for business reorganization and
approval of the Plan stating that the debtor fails to show details of its own debt, or the amounts of
the outstanding debts of the creditors are incorrect, the Court shall schedule a trial urgently and
send a copy of the request to the Official Receiver, creditors, Plan Executor, and debtor.
After having examined and found the facts according to the creditor’s request under
Paragraph One, the Court shall enquire the Plan Executor and debtor on the said grounds.
If the Court found that the debt which was missing or existing in the description of the debt was
a mistake or a minor error, the Court shall issue an order for the Plan Executor or debtor to amend
the Plan for the missing debt or to correct the said error. Also, the Plan shall still be deemed to
be binding on the creditors. If the Court found that the debt missing or existing in the description
of the debt was a mistake or an error in essential substance, the Court shall revoke the Order for
business reorganization and approval of the Plan.
Section 90/109 Where the Court issues an Order for business reorganization and
approval of the Plan, power and duty to manage the business and property of the debtor and
legal rights of shareholders of the debtor, except for the right to receive dividends, shall be
vested upon the Plan Executor.

คู่มือพระราชบัญญัติล้มละลาย 19 BANKRUPTCY ACT