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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 06:24
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Chapter Law Content

Chapter III Liquidation
Section I Application for and Initiation of Liquidation
Article 80
Before the court has ruled on the initiation of rehabilitation or approved the settlement or announced bankruptcy, the debtor may apply to the court for liquidation; even if there is only one creditor, the debtor may still file such application.
Article 81
In applying for liquidation, the debtor shall submit the description of his/her property and income status, and the roster of his/her creditors and debtors.
The roster of creditors under the preceding paragraph shall state the following matters:
1. Names or titles and addresses of creditors, and the amount, reason and category of each claim.
2. Identification of all property with security rights or preferential rights, and the amount of claims which cannot be satisfied for repayment after the exercise of such rights.
The roster of debtors under paragraph 1 of this article shall state names or titles and addresses of debtors, and amount, reason, category and security of each debt.
The description of property and income status under paragraph 1 shall state the following matters and shall include supporting documents:
1. Inventory of properties, and their natures and locations.
2. Whether the debtor has engaged in business activities in the most recent five years, and the average turnover per month, if any.
3. Amounts, reasons and categories of incomes and necessary expenses.
4. Persons to be supported by the debtor under the law.
Article 82
Before ruling on the initiation of the liquidation process, the court may make inquiries on its own initiative with the debtor, the creditors and other related persons, and may set a date and order the debtor to report the status of any change in the debtor's property within two years before the application for liquidation.
If the debtor violates the obligation to report in accordance with the preceding paragraph, the court may dismiss the application for liquidation.
Article 83
The court's ruling on the initiation of the liquidation process shall include its year, month, day and hour, and shall become effective immediately.
No appeal may be taken from a ruling under the preceding paragraph.
Article 84
The provisions of other laws relating to the qualifications and restrictions on rights of bankruptcy shall apply mutatis mutandis to the debtor subject to the court's ruling on the initiation of the liquidation process.
Article 85
If the property of the debtor is insufficient to pay off expenses for the liquidation process, the court shall initiate the liquidation process and simultaneously terminate the liquidation process.
An appeal may be taken from the ruling on simultaneous termination of the liquidation process under the preceding paragraph.
The ruling under paragraph 1 of this article shall be publicly announced and shall be served on the known creditors.
Article 86
After ruling on the initiation of the liquidation process, the court shall publicly announce the following matters:
1. The main text and the year/month/day/hour of the ruling on the initiation of the liquidation process.
2. Name, address and office of the administrator selected to handle liquidation affairs; or title, statutory agent and office or business location of the administrator, if it is a juristic person.
3. Debtors of the debtor and holders of the property belonging to the liquidation estate may not make repayment or deliver their property to the debtor, but shall immediately return it to or notify the administrator or a person designated by the court thereof. A person, who fails to comply with the requirements in the preceding sentence without reason during the period for declaration of claims, shall be liable for compensation of the damage to the liquidation estate caused thereby.
4. The periods for declaration and supplemental declaration of claims, during which the creditors shall declare their claims to the administrator, or to the court if no administrator is selected, and shall submit supporting documents, if any.
5. The effect of deprivation of claims if such claims are not declared or supplementarily declared according to the provision of the preceding subparagraph.
6. The period during which any objection to the declared or supplemental declared claims shall be raised to the court.
7. The date and place of and the matters to be discussed at the creditors' meeting, if such meeting is convened.
The provisions of paragraphs 2 to 5 of Article 47 shall apply mutatis mutandis to the circumstance under the preceding paragraph. However, if a creditor exercises his/her right in accordance with paragraph 1 of Article 26, the right may not be exercised after the day preceding the date of public announcement of the final distribution table.
Article 87
When ruling on the initiation of the liquidation process, the court shall notify the competent registration authority to make all necessary registrations regarding debtors and the liquidation estate.
The administrator may also apply to the registration authority under the preceding paragraph for liquidation registration by providing that authority with the ruling on the initiation of the liquidation process.
If the debtor has acquired rights in rem of real estate by inheritance, compulsory enforcement, expropriation, court judgment, or other non-juridical act before the registration, the court may, on application of the administrator, notify the registration authority to register that property as owned by the debtor.
For the return or transfer of the liquidation estate in the liquidation registration requested by the administrator, the court may, on application of the administrator, request the registration authority to cancel its liquidation registration and then register the property as provided in the preceding paragraphs of this article.
Article 88
After the court rules on the initiation of the liquidation process, the clerk shall immediately record the closing accounts in the debtor's account book regarding business property, sign and seal it, and make an abbreviated record of the status of the account book.
Article 89
After the debtor applies for liquidation, his/her lifestyle may not exceed the normal level of the general public. The court may also, on application of interested parties or on its own initiative, impose restrictions thereon.
Without permission of the court, the debtor may not leave his/her place of residence. The court may also notify the Customs and Border Protection agency to restrict his/her exit.
Article 90
If the debtor has any of the following circumstance, the court may arrest him/her, to the extent necessary to compel his/her appearance:
1. After being duly notified, the debtor fails to appear in the court without any justifiable reason.
2. It is obvious that the debtor is likely to flee or hide.
3. It is obvious that the debtor is likely to conceal, destroy, or dispose of the property belonging to the liquidation estate.
4. The debtor violates the provision of paragraph 2 of the preceding Article without any justifiable reason.
Article 91
If any of the following circumstances apply to the debtor, the court may place the debtor into custody, if it is obviously difficult to proceed with the liquidation process without placing the debtor into custody:
1. Any circumstance under subparagraphs 2, 3 or 4 of the preceding Article.
2. The violation of the provisions in paragraph 1 of Article 102 or paragraph 1 of Article 103.
The custody period may not exceed three months.
Article 92
When the reason for custody ceases to exist, the person in custody shall be released.
Article 93
In addition to the provisions of the preceding three Articles, the provisions of the Compulsory Enforcement Act shall also apply mutatis mutandis to the arrest and to the custody.
Article 94
After the court initiates the liquidation process, the debtor shall no longer have the right to manage and dispose of his/her property belonging to the liquidation estate.
After the court's ruling on the initiation of the liquidation process, any juridical acts taken by the debtor with respect to the property belonging to the liquidation estate shall be inoperative unless acknowledged by the administrator.
In the circumstance under the preceding Paragraph, the counterparty of the juridical act may demand the administrator to state whether he/she acknowledges such act or not within 10 days. If the administrator fails to give a definite reply within the prescribed period, he/she shall be deemed to have refused to acknowledge such act.
Any juridical act conducted by the debtor on the date of the court's ruling on the initiation of the liquidation process shall be presumed to be an act conducted after the initiation of the liquidation process.
Article 95
An administrator who refuses an acknowledgment under paragraph 2 of the preceding Article may ask the court to order the counterparty to return the money or other property he/she received, to cancel the registration of the right he/she acquired, or to conduct any other act of restoration to the status quo ante.
In the event of an appeal from the ruling under the preceding paragraph, the appeal court shall conduct an oral argument before ruling.
When rulings under the preceding two paragraphs become final, they shall have the same effect as final judgments.
If a counterparty fails to perform in accordance with a ruling under paragraph 1 of this article, the court may, on application of the administrator, carry out compulsory enforcement, or request the registration authority to cancel the registration of the counterparty's acquisition of rights. However, if the counterparty files an appeal, the enforcement shall be suspended.
Article 96
A debtor of the debtor, who makes repayment after the court's ruling on the initiation of the liquidation process without knowledge of the initiation of the process, may assert such repayment against the creditors. If he/she makes repayment with knowledge of the initiation, he/she may assert the repayment against the creditors to the extent that the liquidation estate received a benefit from the amount for which he/she claims repayment.
If the repayment of a debtor under the preceding paragraph is made before the court's public announcement of the initiation of the liquidation process, such debtor shall be presumed to have no knowledge of the fact; if the repayment is made after the public announcement, he/she shall be presumed to have knowledge of its fact.
Article 97
If a statutory agent of the debtor is liable for compensation of damage to the debtor, the court may, on application of the administrator or the creditor or on its own initiative, order him/her to make compensation. If there are more than one statutory agents who are liable for the same cause, they shall be ordered to make compensation jointly.
In the circumstance under the preceding paragraph, the court shall, before ruling, give the parties the opportunities to state their opinions, unless they are served by constructive notice.
For an appeal from a ruling under paragraph 1 of this article, the appeal court shall conduct oral argument before ruling on the appeal.
When the rulings under paragraphs 1 and 3 of this article become final, they shall have the same effect as final judgments.
Section II Composition and Management of Liquidation Estate
Article 98
The following properties comprise the liquidation estate:
1. All properties which belong to the debtor at the time of the court's ruling on the initiation of the liquidation process, and all property claims which may be exercised in the future by the debtor.
2. Any properties which are acquired by inheritance or without compensation after the court's ruling on the initiation of the liquidation process but before termination or conclusion of the process.
Any rights which are exclusively owned by the debtor, as well as the properties which are not subject to judicial seizure, shall not belong to the liquidation estate.
Article 99
Within one month after the ruling on the initiation of the liquidation process, the court may, on application of the debtor or on its own initiative, take into consideration the living status of the debtor, category and amount of the property of the liquidation estate, the foreseeable income of the debtor and other factors to rule on the extension of the scope of the property not belonging to the liquidation estate.
Article 100
If the debtor inherits property within three months before the application for liquidation, the inheritance may not be waived after the application for liquidation.
Article 101
After the court's ruling on the initiation of the liquidation process, the debtor shall submit to the court and the administrator a written record of the properties belonging to the liquidation estate.
Article 102
The debtor and the users of the properties shall hand over all books and documents relating thereto and all properties in their custody to the administrator or the person designated by the court, except for the property which is not subject to judicial seizure.
If the persons under the preceding paragraph refuse the handover, the court may, on application or on its own initiative, carry out compulsory enforcement.
Article 103
The debtor is obliged to reply to the inquiries of the administrator regarding his/her property, income and business status.
The provisions of Article 10 shall apply mutatis mutandis to the investigation of property, income and business status made by the administrator. However, the provisions of Article 10 shall not apply if the inquired person is an individual and is exempt from inquiries regarding his/her property, income and business status.
Article 104
If any rights of the debtor belong to the liquidation estate, the administrator shall take all necessary acts to preserve those rights.
Article 105
The administrator shall prepare a list of collected and collectible assets of the debtor, which shall be publicly announced by the court.
The list of claims and the list of assets shall be deposited at the court and at the place where the liquidation affairs are processed for review or transcription thereof by the interested parties.
Article 106
Each of the following is an estate expense:
1. The fee advanced by the national treasury.
2. The expenses arising out from management, appraisal and distribution of the liquidation estate and the taxes payable on the liquidation estate.
3. The application and trial fees required for common interests of creditors.
4. The remuneration to the administrator.
The necessary living expenses and funeral expenses of the debtor and the persons who should be legally supported by him/her shall also be deemed as estate expenses.
Article 107
Each of the following is an estate debt:
1. Debt arising out from acts conducted by the administrator regarding the liquidation estate.
2. Debt incurred under a bilateral contract of which the performance is requested by the administrator for the liquidation estate, or debt incurred under a bilateral contract which must be performed after the court's ruling on the initiation of the liquidation process.
3. Debt incurred for the management of liquidation without mandate.
4. Debt arising out from the unjust enrichment of the liquidation estate.
Article 108
Each of the following shall be repaid by the liquidation estate from time to time with priority to the liquidation claims.
1. Estate expenses
2. Estate debts
3. The debts under subparagraph 2 of paragraph 1 of Article 21 and paragraph 2 of Article 26.
4. Any labor wages which were owed by the debtor under a labor contract which could not be repaid by other methods within the six-month period before the court's ruling on the initiation of the liquidation process.
Article 109
In the circumstances under the preceding Article, when the liquidation estate is insufficient for the repayment, the following shall be repaid in order; if the order is the same, repayment shall be made in proportion to the amounts of claims:
1. The estate expenses under subparagraphs 1 to 4 of paragraph 1 of Article 106.
2. The estate debts under subparagraph 1 of Article 107.
3. The estate expenses under paragraph 2 of Article 106, and the estate debts under subparagraphs 2 to 4 of Article 107 and subparagraphs 3 and 4 of the preceding Article.
Article 110
If the administrator is liable for compensation of damage to the liquidation estate, the provision of Article 97 shall apply mutatis mutandis.
Section III Liquidation Claims and Creditors' Meeting
Article 111
If the object of a claim is not money, or it is money but its amount is uncertain, or it is foreign currency, the administrator shall include the amount estimated at the time of the court's ruling on the initiation of the liquidation process into the distribution. The administrator shall also include the estimated amount in cases where the repaid amount of ordinary guaranteed claims, the amount of fixed-term claims, or the duration of claims is uncertain.
In a case where the creditor or the debtor disputes the amount estimated under the preceding Paragraph, the provision of Article 36 shall apply mutatis mutandis.
In a case where the creditor's claim is conditional, the creditor may claim the entire amount as its liquidation claim.
Article 112
Before the court's ruling on the initiation of the liquidation process, the rights of any creditors with a pledge, mortgage, lien or other security right in rem over the property of the debtor, shall be exempt from the liquidation process.
A creditor with exemption rights may not exercise his/her rights irrespective of the liquidation process. However, if necessary, the administrator may auction or sell off the objects of exemption rights, and use the net proceeds from their sale after deducting expenses for the repayment, and may ask the court to request the competent registration authority to cancel the registration of such rights.
Article 113
A creditor with exemption rights may, for the purpose of repayment of claims, exercise his/her rights with respect to any claim which cannot be repaid after the exercise of exemption rights. However, this does not apply to claims which are not declared according to the liquidation process.
Article 114
A holder of rights in property that does not belong to the debtor may retrieve it from the administrator irrespective of the liquidation process.
If the property under the preceding paragraph is transferred to a third person by the debtor before the court's ruling on the initiation of the liquidation process, or by the administrator after the court's ruling on the initiation of the liquidation process, but the debtor or administrator who transferred the property did not receive money or other property in consideration for the transfer, the holder of rights in paragraph 1 of this article may request a transfer from the administrator to him/her of the right to all money or other property due as consideration for the transfer.
In the circumstance under the preceding paragraph, where the administrator receives money or other property as consideration, the retrieval right holder may request delivery thereof.
Article 115
If the seller has sent the object of a transaction, but the buyer has not received it, nor paid the full price, and the transaction therefore is subject to the court's ruling on the initiation of the liquidation process, the seller may rescind the contract and retrieve its object. However, the administrator may request for delivery of the object by repaying the full price.
The process forretrieval of the object under the preceding paragraph shall apply mutatis mutandis to the case where the broker has sent the object bought under mandate to a consignor.
Article 116
Any preferential claims on the property of the liquidation estate shall be repaid in priority to other claims. If preferential claims are of the same priority, they shall be repaid in proportion to their amounts of claims.
Article 117
If, at the time of the court's ruling on the initiation of the liquidation process, the creditor owes debts to the debtor, offset may be made without following the liquidation process, regardless whether the categories of money and other property are same.
The creditor's claims which are subject to expiration, or which may be released only if certain conditions are met, may be offset.
Any claims that become effective only when a certain condition is met, may be offset if the condition is fulfilled within 30 days of the public announcement of the list of claims.
With respect to any offset, the creditor subject to resolutory condition shall provide reasonable security, and the provision of paragraph 2 of Article 124 shall apply mutatis mutandis thereto.
The provision of paragraph 2 of Article 52 shall apply mutatis mutandis to the circumstances under paragraphs 1 to 3 of this article.
Article 118
The creditors' meeting may resolve the following matters:
1. The management of the liquidation estate and the method of disposition of its properties.
2. The suspension or continuance of business operation.
3. Return to debtors or waiver of property which cannot be easily appraised.
Article 119
At the creditors' meeting, the administrator shall present the list of claims and the list of assets, and report the status of the liquidation.
Article 120
The resolution of the creditors' meeting shall be adopted with the consent of a majority of the attending creditors who have declared unsecured claims, if the amounts of claims represented by them has exceeded one-half of the total amount of the declared unsecured and non-preferential claims.
In calculating the claims under the preceding paragraph, all inferior claims shall be deducted.
Article 121
If the court does not convene the creditors' meeting, it may issue a ruling in lieu of the resolution of the meeting. However, before ruling, the court shall give written notice under Article 101 to the creditors.
No appeal may be taken from a ruling under the preceding paragraph, and such ruling shall be publicly announced.
Section IV The Distribution of the Liquidation Estate and the Closing of the Liquidation Process
Article 122
If it is necessary to appraise the properties of the liquidation estate, the administrator shall conduct the appraisal according to the resolution of the creditors' meeting. In the absence of such resolution, he/she may conduct the appraisal according to auction, selloff or other proper method.
Article 123
After 30 days from the day following the public announcement of the list of claims, the administrator shall distribute the properties of the liquidation estate to the creditors when they become distributable.
For the distribution under the preceding paragraph, the administrator shall prepare a distribution table, and state the sequence, proportion and method of distribution.
The distribution table shall be approved by the court and shall be publicly announced.
Any objection to the distribution table shall be filed with the court within 10 days from the day following the public announcement.
The court shall rule on any objection under the preceding paragraph.
Article 124
When claims which may be released only if certain conditions are met receive distribution, reasonable security shall be provided. In the absence of security, the distribution amount shall be lodged with the court.
If the condition of the claims which may be released only if a certain condition is met has not been fulfilled within ten days from the day following the public announcement of the final distribution table, any creditor who has provided security shall be released from the security obligation and his/her security shall be returned.
Article 125
If the claims subject to suspenseful condition or the claims exercisable in the future cannot be exercised within 30 days from the day following the public announcement of the list of claims, such claims may not be included in the distribution.
Article 126
If objection to the liquidation claims is likely to delay the distribution, the administrator may lodge the corresponding amount according to the distribution proportion, and then distribute the remaining properties to other creditors.
If a creditor fails to notify the administrator of the change of his/her place of residence, office, business place or address, the administrator may lodge the amount distributable to him/her.
Article 127
At the time of completion of the final distribution, the administrator shall submit a report regarding the distribution to the court.
After receipt of the report under the preceding paragraph, the court shall rule on the conclusion of the liquidation process.
No appeal may be taken from a ruling under the preceding paragraph, and such ruling shall be publicly announced.
Article 128
After the termination or conclusion of the liquidation process, if additional properties distributable to creditors are found, the court may, on application of the administrator, approve the additional distribution; unless such properties are found later than two years after the day following the date when the ruling on termination or conclusion of the liquidation process becomes final.
An additional distribution under the preceding paragraph may be made even if the ruling on release from obligation of the debtor becomes final, and the provision of Article 123 shall apply mutatis mutandis thereto.
In the circumstance under paragraph 1 of this article, the process for undeclared and ascertained claims in the liquidation process shall be continued.
Article 129
After the court's ruling on the initiation of the liquidation process, if the properties of the liquidation estate are insufficient to repay the expenses and debts under Article 108, the court may, on application of the administrator or on its own initiative, terminate the liquidation process.
Before ruling under the preceding paragraph, the court shall give the administrator and creditors the opportunities to state their opinions.
No appeal may be taken from a ruling under paragraph 1 of this article, and such ruling shall be publicly announced.
Article 130
When the court rules on the termination of the liquidation process, the administrator shall perform the repayment in accordance with provision of Article 109, and shall lodge any portion in dispute.
Article 131
The provisions of Article 87 shall apply mutatis mutandis to any case where the court rules on the termination or conclusion of the liquidation process.
Section V Release from Obligations and Resumption of Rights
Article 132
After the court's ruling on termination or conclusion of liquidation becomes final, unless otherwise provided for, the court shall subsequently release the debtor from his/her debts.
Article 133
After the court rules on the initiation of the liquidation process, if the debtor has any remaining disposable income from salary, income from professional practice or other fixed income, after deducting the amount of necessary living expenses for the debtor and for any persons whom the debtor is legally required to support, and the total amount of distribution to common creditors is lower than the debtor's remaining disposable income during the two-year period prior to his/her application for liquidation, then the court may rule on the debtor's non-release from his/her obligations. However, the preceding paragraph does not apply if the debtor can prove that he/she has obtained the consent of all common creditors.
Article 134
If any of the following circumstances apply to the debtor, the court shall rule on non-release from obligations, unless the debtor can prove that he/she has obtained the consent of all common creditors:
1. He/She has been released from obligations under the Bankruptcy Act or this Statute within the preceding seven years.
2. He/She intentionally concealed or destroyed any properties which should belong to the liquidation estate, or made other dispositions which were unfavorable to creditors, resulting in damage to creditors.
3. He/She fabricated debts or acknowledged false debts.
4. The total amount of debts assumed by him/her for consumption of luxury products or services, gambling or other speculation during the two years before the application for liquidation exceeded half of the amount of unsecured and non-preferential claims at the time of application for liquidation, and these debts caused the initiation of liquidation.
5. The reason for liquidation existed within the one-year period preceding the application for liquidation, but the debtor concealed this fact and caused others to make transactions with him/her, resulting in damage to such others.
6. He/She knew that the reason for liquidation existed, but he/she provided security or extinguished debts in a manner that favored of one or several of the creditors in a way that was not based on the debtor's personal obligations.
7. He/She concealed, destroyed, fabricated or altered all or part of the relevant accounting books or other accounting documents, resulting in the misrepresentation of the debtor's property status.
8. He/She intentionally made false entries in the description of property and income status, or committed other intentional acts in violation of the obligations under this Statute, resulting in damage to creditors or significant delay in the liquidation process.
Article 135
If the provisions of any subparagraph of the preceding paragraph apply to the debtor, but the circumstance is minor, the court, after taking into consideration the repayment status of all common creditors and other circumstances, may rule on release from obligations if it deems appropriate.
Article 136
In any circumstances under the preceding three Articles, before ruling, the court shall conduct an investigation on its own initiative, or order the administrator to conduct the investigation and submit the written report, and shall give the creditors and the debtor the opportunity to state their opinions at court.
The debtor shall assist in the investigation under the preceding paragraph.
Article 137
When the ruling on release from obligations becomes final, unless otherwise provided for, the ruling shall apply to both declared and undeclared creditors. The same shall apply to third persons such as any joint debtor, guarantor, or security provider who has claims against the debtor.
The provisions of the preceding paragraph shall not affect the rights of creditors against third persons such as any joint debtor, guarantor, or security provider of the debtor.
Article 138
The following debts shall not be affected by the ruling on release from obligations:
1. Penalties, fines, default surcharges and additional levies.
2. Any debt of the debtor for compensation of damage caused by his/her intentional or grossly negligent tort.
3. Tax debts.
4. Any expenses of the debtor for the performance of his/her statutory support obligations.
5. Any debts held by a creditor that failed to declare its claim for a cause not attributable to that creditor, to the extent that said claim has not been repaid in the same proportion as other creditors' claims have been repaid.
6. Expenses advanced by the national treasury.
Article 139
If it is found within one year from the day following the date when the court's ruling on release from obligations becomes final that the debtor has falsely reported debts, concealed property, or received a release from obligations by any improper method, the court may, on application of a creditor or on its own initiative, revoke the release from obligations, except for any circumstance under Article 135 under which the court may release the debtor from obligations.
Article 140
After the court's ruling on non-release from obligations or revocation of release from obligations becomes final, the creditor may apply for compulsory enforcement against the debtor in accordance with the court's list of ascertained claims. Any creditor that obtained the right to enforce a claim against the debtor before the court's ruling on the initiation of the liquidation process, may also apply for compulsory enforcement in accordance with the list of ascertained claims. However, in the circumstance of non-release from obligations under Article 133, no enforcement may be carried out within two years from the day following the final ruling.
When the creditor carries out compulsory enforcement against the debtor under the preceding paragraph, the debtor may apply to the enforcement court for notifying other creditors in the list of claims. At the time of the application, other creditors shall be deemed to have declared their participation in distribution with respect to the existing amounts of their claims. The enforcement fee to be collected shall be deducted from the amount received from the enforcement.
Article 141
After any ruling on non-release from obligations based on Article 133 becomes final, if the debtor continues to repay the amount provided for in that Article, and the amounts repaid to of each of the common creditors has reached the distributable amount, the debtor may apply to the court for a ruling on release from obligations.
If the court rules on non-release from obligations in accordance with Article 133, a true copy of the ruling shall be annexed to the provision of the preceding paragraph and Article 142, and shall include an explanation that if the debtor subsequently applies for a ruling on release from obligations, he/she must continue to repay the minimum amount distributable to each common claim.
The provision of paragraph 2 of Article 67 shall apply mutatis mutandis to the case where the debtor continues to repay debts in accordance with the provision of paragraph 1 of this article.
Article 142
After the court's ruling on non-release from obligations or revocation of release from obligations becomes final, if the debtor continues to repay debts, and the amount repaid to each of the common creditors has reached twenty percent or more of his/her claim amount, the court may, on application of the debtor, render a ruling on release from obligations.
The provision of paragraph 3 of the preceding Article shall apply mutatis mutandis to a case where the debtor continues to repay debts in accordance with the provision of the preceding paragraph.
Article 142-1
After the court's ruling on non-release from obligations or revocation of release from obligations becomes final, the repayment made by the debtor to the liquidation creditors shall be used to offset expenses first, and then to offset the original principal.
The provision of the preceding paragraph shall also apply to repayment made after the enforcement of the provision of this Statute amended on December 12, 2011 by the debtor subject to a ruling under the preceding paragraph before the enforcement of the amended Articles.
Article 143
After the final ruling on release from obligations and until the final ruling on revocation of release from obligations, all claims obtained from the debtor are entitled to be repaid in priority to the liquidation claims.
Article 144
Under any of the following circumstances, the debtor may apply to the court for resumption of rights:
1. All debts are repaid by liquidation or other method.
2. The ruling on release from obligations rendered becomes final.
3. Within three years from the day following the termination or conclusion of the liquidation process, the debtor has not been sentenced to any criminal penalty by final judgment based on the provisions of Article 146 or Article 147.
4. Five years has elapsed from the day following the termination or conclusion of the liquidation process.
Article 145
If the debtor has resumed his/her rights in accordance with provisions of subparagraphs 1 to 3 of the preceding Article, but has been sentenced to a criminal penalty by a final judgment on ground of the provision of Article 146 or Article 147 within five years from the day following the termination or conclusion of the liquidation process, the court may, on its own initiative, revoke the ruling on resumption of rights.
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