Page 25 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

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

and creditors at least three days in advance. After having considered documentary evidence on
file and listened to the explanation of the Official Receiver, creditors, and debtor, the Court may
issue an order appointing any person as Plan Executor, or an order revoking the Order for
business reorganization and approval of the Plan, or any order as deemed appropriate.
The provisions of Section 90/106 shall apply mutatis mutandis.
Section 90/115 Where there is a cause resulting in the Plan Executor’s temporary failure
to perform his duty, or during the time of retirement of the Plan Executor and the Court has not yet
appointed a new Plan Executor, the Court shall issue an order appointing one or several persons
to be Temporary Plan Executor(s) until that cause comes to an end, or until the Court issues an
order for appointment of a new Plan Executor. In this regard, the Temporary Plan Executor(s)
shall have the same power and duty as that of the Plan Executor.
The provisions of Section 90/106 shall apply mutatis mutandis.

Part 5
Revocation of the Order for
Business Reorganization and Approval of the Plan, and
Cancellation of Business Reorganization
Section 90/116 If the debtor, Manager of the debtor, Plan Executor, or Official Receiver,
as the case may be, finds that business reorganization is successfully implemented under the
Plan, a report must be made without delay to the Court for it to issue an order for cancellation
of the business reorganization. Also, the Court shall schedule a hearing if it found that the
implementation of the business reorganization was successful under the Plan, then, the Court
shall issue an order for cancellation of the business reorganization without delay. However, if
the Court found that the business reorganization was still unsuccessful according to the Plan,
in the event that there is implementation time remaining pursuant to the Plan, the Court shall issue
an order for continuation of the business reorganization within the time provided under the Plan.
If during the so-doing, the implementation time under the Plan has come to an end but obviously
it can be seen that the Plan is almost successful, the Court may extend the time of implementation
under the Plan as may be deemed appropriate accordingly on a case by case basis. Otherwise,
the Court shall continue as per Paragraph Two.
When the implementation time under the Plan comes to an end, but the business
reorganization is still unsuccessful according to the Plan, the Plan Executor or Official
Receiver, as the case may be, shall so report to the Court within fourteen days from the end of
implementation time under the Plan. If the Court finds it appropriate, the Court shall issue an
order for revocation of the Order for business reorganization and approval of the Plan or an order
for cancellation of the business reorganization.
Commencing from the end of implementation time until the Court issued an order
for revocation of the Order for business reorganization and approval of the Plan or an order for
cancellation of the business reorganization, the Plan Executor shall still remain in power and
have duty to manage the business and property of the debtor as may be deemed necessary.
Section 90/117 Where the Court issues an order for revocation of the Order for business
reorganization and approval of the Plan or an order for cancellation of the business reorganization,
the Court shall let the Official Receiver, Plan Executor, debtor, and manager of the debtor know
of the said order without delay.

คู่มือพระราชบัญญัติล้มละลาย 23 BANKRUPTCY ACT