Page 25 - แผนภูมิแสดงขั้นตอนการบังคับคดี - กรมบังคับคดี

Business Reorganization

A person under BA section 90/4 files a petition for business reorganization with the court

The court may issue an 1 The court dismisses the petition
order in 2 cases 2
The court accepts the petition and proceeds with a hearing The debtor is protected under section 90/12
The court may 1 The court dismisses the case
issue in 3 cases
2 The court issues an order commencing the business
reorganization without appointing the plan preparer
The official receiver convenes a meeting of creditors
3 to select a plan preparer
The court issues an order commencing the business The meeting agrees with the
reorganization and appointing the plan preparer nominated plan preparer The meeting is unable to elect
the plan preparer
The court appoints The court shall issue an order
the plan preparer cancelling the business
reorganization order
The plan preparer has the authority to manage the business.

The plan preparer proceeds with the plan for business reorganization and files it to
the official receiver within 3 months after the date of announcing the plan preparer The official receiver announces the order and notify the order to
appointment order in the royal gazette the creditiors to file a claim for repayment
The official receiver examines proof of claims

The official receiver convenes a meeting of creditor for approval of the plan

The meeting approves the plan The meeting disapproves the plan

Inquiry of the court Inquiry of the court

The court shall dismiss The court shall issue
The court approves The court disapproves the petition for the business or an order cancelling the
reorganization and order business reorganization
an absolute receivership
The plan administrator continues The court shall dismiss the petition for the business or The court shall issue an order cancelling
to administer the business reorganization and order an absolute receivership the business reorganization

The plan succeeds The plan failed
The court shall issue an order cancelling the business reorganization Inquiry of the court

The debtor’s executive resumes The court orders an absolute or The court shall issue an order cancelling
the authority to manage the business receivership the business reorganization

แผนภูมิแสดงขั้นตอนการบังคับคดี 23 กรมบังคับคดี กระทรวงยุติธรรม