Page 9 - พระราชบัญญัติล้มละลาย ฉบับที่9 2559

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

Part 1
Definition

Section 90/91 In this Chapter, unless the context otherwise requires,
“Creditor” means a secured or unsecured creditor.
“Debtor” means a debtor that is a natural person, a body of persons, a non-registered
ordinary partnership, a juristic ordinary partnership, a limited partnership, a limited company,
or other juristic persons as prescribed by the Ministerial Regulations. Such the debtor shall
operate a business in the same manner as a small and medium-sized enterprise under
the law governing promoting small and medium-sized enterprises that were registered with
the Small and Medium-Sized Enterprises Promotion Agency or that were registered with other
State Agencies.
“Petition” means a petition for a Court Order for business reorganization and approval of
the Plan.
“Petitioner” means a petitioner who files a petition for a Court Order for business
reorganization and approval of the Plan.
“Plan” means a business reorganization plan.
“Shareholders of a debtor” means shareholders of a non-registered ordinary
partnership, a juristic ordinary partnership, a limited partnership, a limited company, or other
juristic entities, as prescribed by the Ministerial Regulations, which are debtors including
interested persons in a body of persons who are debtors as well.
“Plan Executor” means an executor of the business and property of a debtor in
compliance with the Plan.
“Manager of a debtor” means a managing partner, director, manager, or authorized
person who is empowered to operate the business of a debtor on the date the Court issued
an Order for business reorganization and approval of the Plan.

Part 2
Petition for Business Reorganization and Approval of the Plan

Section 90/92 When a debtor is unable to pay the debt and the debt is incurred by
business operation that is indebted to one or several creditors on aggregate and a natural
person - debtor shall have a definite amount of debt of not less than two million baht, a debtor
which is a body of persons, a non-registered ordinary partnership, a juristic ordinary partnership,
a limited partnership, or other juristic entities which are prescribed by the Ministerial Regulations
shall have a definite amount of debt of not less than three million baht, and a debtor which is a
limited company shall have a definite amount of debt of not less three million baht but not up to
ten million baht, regardless of whether or not the debt becomes due immediately or will be due in
the future, if there are reasonable grounds and means for business reorganization of that debtor,
the persons under Section 90/93 may petition the Court for business reorganization and approval
of the Plan.

คู่มือพระราชบัญญัติล้มละลาย 7 BANKRUPTCY ACT