If the total amount of the principal and interest of the debt which is unsecured or without preferential right does not exceed NTD 12,000,000, the debtor may apply to the court for rehabilitation before the initiation of the liquidation process is ruled on or the bankruptcy is announced by the court.
The total amount of the debt under the preceding paragraph may be added or reduced by order of the court, if circumstance so requires.

In applying for rehabilitation, the debtor shall submit the description of his/her property, his/her 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 the creditors, and the amount, reason and category of each claim.
2. Identification of property with security rights or preferential rights, and the amount of claims which cannot be satisfied for repayment after the exercise of such rights.
3. Claim of the debtor's residential mortgage.
In applying for rehabilitation, the debtor who has a residential mortgage shall also state whether the special provision for residential mortgage is set forth in his/her rehabilitation proposal.
The residential mortgage under subparagraph 3 of paragraph 2 of this Article refers to a building owned by the debtor and used as the residence of himself/herself and his/her family. If there are two or more houses, it shall only refer to one which is the debtor's principal residence. The residential mortgage claim refers to the claim for funds which are required by the debtor for construction or purchase of the house or its improvement, including funds for acquisition of the site land of the house or the use right thereof, and which shall be repaid by installments as agreed in the borrowing from the creditor by creation of security of the house.
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 of this article shall state the following matters and shall include supporting documents:
1. Property inventory, and the nature and location of the property.
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.

If necessary, the court may set a date on which the debtor must report factually the status of change in property within 2 years before the application for rehabilitation, to make a supplemental statement for the matters under the preceding Paragraph, to submit relevant documents, or make other necessary investigation.

The court's ruling on the initiation of the rehabilitation 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, and such ruling shall be publicly announced.

Under any of the following circumstances, the application for rehabilitation shall be dismissed:
1. The debtor has been sentenced to a criminal penalty under this statute or the Bankruptcy Act.
2. The debtor has been approved by the court for the compromise, rehabilitation or negotiation, but fails to perform the conditions thereof for any cause attributable to him/her.
3. Upon notification by the court, the debtor fails to appear without any justifiable reason, or appears but intentionally fails to make a true statement, or refuses to submit relevant documents, or fails to report the status of change in property without any justifiable reason.

If the court rules on the initiation of the rehabilitation process, the following matters shall be publicly announced:
1. The main text and the year/month/day/hour of the ruling on the initiation of the rehabilitation process.
2. Name and address of the selected supervisor; or name, statutory agent and office or business location of the supervisor if it is a juristic person.
3. The period of declaration and supplemental declaration of claims, during which the creditor shall declare his/her claims to the supervisor, or to the court if no supervisor is selected, and shall submit supporting documents, if any.
4. The effect of deprivation of claims if such claims were not declared or supplementarily declared in accordance with the provision of the preceding subparagraph.
5. The period during which the objection to the declared or supplemental declared claims shall be raised to the court.
6. The date and place of and the matters to be discussed at the creditors' meeting, if such meeting is convened.
The period for declaration of claims under subparagraph 3 of the preceding paragraph shall start from the day following the initiation of the rehabilitation process and shall last for 10 - 20 days; the period for supplemental declaration of claims shall start from the day following the expiration of the period for declaration of claims and shall last no longer than 20 days.
If the creditor exercises his/her rights in accordance with the provision of paragraph 1 of Article 26, the period for declaration of claims under the preceding paragraph shall start from the day following the termination or rescission of the contract. However, the declaration or supplemental declaration of claims may not be later than the previous day of the date when the creditors' meeting adopts the rehabilitation proposal or when the court approves the rehabilitation proposal.
The public announcement and the roster of creditors under paragraph 1 shall be served on the creditors whose residences, offices or business places are known; and the public announcement shall be separately served on the debtor.
A creditor who has been recorded in the roster of creditors shall be deemed to have declared his/her claims as recorded in the roster on the first day of the period for declaration of claims.

After the court's ruling on the initiation of the rehabilitation process, if the property of the debtor must be registered under the law, the registration authority shall be notified.
After the court's ruling on the initiation of the rehabilitation process, the litigation and the compulsory enforcement proceedings against the debtor may not be initiated or continued, unless such proceedings apply to secured or preferential claims.

The supervisor shall have the following duties:
1. Investigate the property, income and business status of the debtor and submit the written report to the court.
2. Assist the debtor in preparing the rehabilitation proposal.
3. Try to calculate the total amount of unsecured and non-preferential claims that may be repaid according to the liquidation process at the time of court's ruling on the initiation of the rehabilitation process.
4. Other matters provided for in this statute or specified by the court.
The provision of Article 10 shall apply mutatis mutandis to any case when the supervisor investigates the property, income, and business status of the debtor; unless the person subject to the investigation is an individual and is exempt from such investigation.
If no supervisor is selected, the court may set a date and order the debtor to submit a report of his/her property and income status.

The supervisor shall make the originals, transcripts or copies of the following documents available to interested parties for review or transcription thereof:
1. The documents relating to the application for rehabilitation and the rehabilitation proposal.
2. Report of the property and income status of the debtor, and the roster of his/her creditors and debtors.
3. The documents relating to the declaration of claims and the list of claims.

The court shall publicly announce the report of property and income status of the debtor and the rehabilitation proposal.

If a creditor has owed debts to the debtor before the court's ruling on the initiation of the rehabilitation process, to the extent that such debts may be offset before expiration of the period for supplemental declaration of claims, the creditor may offset his/her debts against his/her claims with the debtor before the expiration of such period and notify the supervisor or report to the court of such offset.
Under any of the following circumstances, the debts may not be offset:
1. The debts owed to the debtor and incurred by the creditor after he/she has knowledge of the application for rehabilitation, except for debts which are owed on statutory grounds or which were incurred for cause arising before his/her knowledge of the application.
2. The claims acquired from the debtor or the claims in rehabilitation acquired from others by a debtor of the debtor after the court's ruling on the initiation of the rehabilitation process.
3. The claims acquired by a debtor of the debtor after he/she has knowledge of the application for rehabilitation, except for claims which are acquired on statutory grounds or for cause arising before the knowledge of the application.

The debtor shall submit the rehabilitation proposal to the court within 10 days of receipt of the list of claims.
The rehabilitation proposal shall include the following matters:
1. Amount to be repaid.
2. The method of repayment by installment payments at least once every three months.
3. The final repayment period shall not exceed 6 years starting from the day following the court's final approval of the rehabilitation proposal. However, if special provisions for the residential mortgage are provided in the rehabilitation proposal, or if a repayment agreement is established between the debtor and other creditors with security or preferential rights, or for the purpose to attain the minimum total amount repaid under subparagraphs 3 and 4 of paragraph 2 of Article 64, such period may be extended to 8 years.
If the amount due for repayment of ordinary guaranteed claims is not repaid, the remaining unpaid amount estimated by the supervisor shall be included in the rehabilitation proposal, and if the claim brought by the creditor against the main debtor fails, the remaining unpaid amount shall be repaid according to the rehabilitation conditions.
If the creditor or the debtor disputes the estimated amount under the preceding paragraph, the provisions of paragraphs 1 to 4 of Article 36 shall apply mutatis mutandis.
If the debtor fails to submit the rehabilitation proposal within the prescribed period, the court may rule on the initiation of the liquidation process.
If the debtor is unable to make complete statements or expressions for the matters specified in Articles 43 and 44, the debtor may, if necessary, after the court's ruling on the initiation of the rehabilitation process is ruled by the court, apply to the municipal or county (city) government for assistance with preparation of the rehabilitation proposal.
The procedure and relevant rules for the application under the preceding paragraph shall be set forth by the Judicial Yuan and the Executive Yuan jointly.

The debtor may agree with the residential mortgage creditor to include a special provision for the residential mortgage in the rehabilitation proposal, unless other persons owning security and/or other rights in the debtor's principal residence disagree with its inclusion at the rehabilitation proposal.

If the special provision for the residential mortgage cannot be agreed upon in accordance with the preceding paragraph, even if the mortgage provides that the repayment period shall become due if the debtor is deprived of interest in expectancy, such provision shall not bind the debtor, and repayment shall be determined by the following methods:
1. The total amount of the unrepaid principal of the debts in the residential mortgage, and the interests which have become due as originally agreed, as well as the default penalty not exceeding the annual rate of 2% of the principal incurred before the court's ruling on the initiation of the rehabilitation process, shall be evenly repaid by installments on a monthly basis before the final repayment period as originally agreed, and the interests on the unrepaid principal shall be accrued at the originally agreed interest rate at the time of payment of each installment.
2. Before the expiration of the final repayment period specified in the rehabilitation proposal, interest shall be accrued on a monthly basis only on the unrepaid principal of the debt in the residential mortgage at the interest rate as originally agreed. After the expiration of the final repayment period, the total amount of such principal, the interest which became due previously, and the default penalty not exceeding the annual rate of 2% of the principal which has been incurred before the court's ruling on the initiation of the rehabilitation process ruled by the court, shall be evenly repaid on a monthly basis before the final repayment period as originally agreed, and the interests on the unrepaid principal shall be accrued at the originally agreed interest rate at the time of payment of each installment.
If the remaining period of the final repayment period of the debt in the residential mortgage as originally agreed is shorter than the final repayment period specified in the rehabilitation proposal, it may be extended to such final repayment period.
If the debtor has difficulty in the performance according to the periods under the preceding two paragraphs, the period of his/her performance may further be extended to 6 years.
If the period is extended under the preceding Paragraph, interest shall be accrued on the unrepaid principal at the originally agreed interest rate.

The following debts may not be reduced or exempted without consent of the creditor:
1. Penalties, fines, default surcharges and additional levies.
2. Any debt for compensation of damage caused by the debtor's intentional torts.
3. Any expense of the debtor for the performance of his/her statutory support obligations.
Regarding the debts which have not be reduced or exempted with consent of the creditor under the preceding Paragraph, the debtor is liable for repayment thereof after the expiration of the repayment period specified in the rehabilitation proposal.

If one of the following circumstances applies to the debtor, the court may rule on the initiation of the liquidation process:
1. Fails to attend the creditors' meeting without any justifiable reason or does not reply to inquiries.
2. Fails to follow the ruling or order of the court, thus preventing the proceeding of the rehabilitation process.

At the creditors' meeting, the supervisor shall submit the list of claims, submit the list of assets of the debtor based on the investigation results, report the property and income status of the debtor, and state his/her opinion on the rehabilitation proposal submitted by the debtor.
The conditions of rehabilitation shall be freely negotiated by the debtor and the creditors. The court shall make its best efforts to seek compromise of the parties and ensure fairness of the conditions of rehabilitation.

If the rehabilitation proposal submitted by the debtor involves any guarantor, security provider, or other person who assumes the debt jointly, such person may appear at the creditors' meeting to state his/her opinion.
The court shall notify the person under the preceding paragraph of the date of the creditors' meeting and the contents of the rehabilitation proposal.

The rehabilitation proposal at the creditors' meeting shall be adopted with the consent of a majority of attending creditors who have declared their unsecured and non-preferential claims, and the amount of claims represented by them must exceed one half of the total amount of the declared unsecured and non-preferential claims.
In calculating the claims under the preceding paragraph, the inferior claims shall be deducted.
If the special provision for the residential mortgage is set forth in the rehabilitation proposal, the mortgage creditor shall have no voting right on the rehabilitation proposal.

The court may notify the creditors of the contents of the rehabilitation proposal and the report of the property and income status of the debtor, and may order the creditors to consent or dissent in writing to such proposal within a period determined by the court. If no definite reply is given within the fixed period, the creditors shall be deemed to have given their consents.
If more than half of the declared unsecured and non-preferential creditors have agreed or are deemed to have agreed to the rehabilitation proposal, and the amount of claims represented by them has exceeded one half of the total amount of the declared unsecured and non-preferential claims, it shall be deemed that the rehabilitation proposal is adopted in the creditors' meeting.
The provisions of paragraphs 2 and 3 of the preceding Article shall apply mutatis mutandis to the circumstances under the preceding paragraph.

If the rehabilitation proposal is not adopted in accordance with the provisions of the preceding two Articles, except for the circumstances under Articles 12 and 64, the court shall initiate the liquidation process by a ruling.
Before ruling under the preceding paragraph, the court shall give the creditors and the debtor opportunities to state their opinions.
An appeal may be taken from the ruling under the preceding paragraph, and the liquidation process will proceed only after the ruling becomes final.

If the rehabilitation proposal is adopted, the court shall rule on the approval or disapproval thereof.
In ruling on its approval, the court may, if necessary for the performance of the rehabilitation proposal, impose reasonable restrictions on the lifestyle of the debtor before he/she has completed the full performance of the conditions of the rehabilitation.
The ruling under paragraph 1 of this article shall be publicly announced. Any approval ruling shall be served on the creditors who dissented from the rehabilitation proposal, and any disapproval ruling shall be served on the debtor.
An appeal from the approval ruling under paragraph 1 of this article may be filed only by the creditors who dissented from the rehabilitation proposal.

Under any of the following circumstances, except for the circumstance provided for in Article 12, the court shall disapprove the rehabilitation proposal by a ruling:
1. The rehabilitation proposal adopted at the creditors' meeting is unfair to the creditors who dissented therefrom or did not attend the meeting.
2. The rehabilitation process violates the requirement of the law and such violation is not correctable.
3. The rehabilitation proposal violates the imperative or prohibitive provision of the law, or is against public order and good morals.
4. The rehabilitation proposal is adopted by improper means.
5. The total amount of the principal and interest on the declared unsecured and non-preferential claims exceeds NTD 12,000,000.
6. The rehabilitation proposal sets forth a special provision for the residential mortgage, but the special provision makes it likely that the debtor will lose ownership or the right to use the house or the land on which the house is erected.
7. The special provision for residential mortgage set forth in the rehabilitation proposal is not established in accordance with the provision of Article 54 or Article 54-1.
8. The performance of the rehabilitation proposal is impossible.
9. The debtor falsely reports the debt, conceals the property, or allows additional significant benefits to one or more of the creditors.
The total amount of claims under subparagraph 5 of the preceding paragraph may be increased or reduced by an order of the Judicial Yuan, if circumstance so requires.
The provision of paragraph 2 of Article 61 shall apply mutatis mutandis to the circumstance under paragraph 1.

If a debtor, who has a salary, income from professional practice, or other fixed income, has made efforts to repay under the conditions of the approved rehabilitation proposal according to his/her income and property status, the court shall approve the rehabilitation proposal. The court shall also approve the rehabilitation proposal if the debtor does not have fixed income, but the rehabilitation proposal has a guarantor, security provider or other person assuming the debts jointly under conditions which are deemed fair by the court.
Under any of the following circumstances, the court may not give its approval under the preceding paragraph:
1. The creditor was released from his/her obligation in accordance with provisions of the Bankruptcy Act or this Statute within the previous 7 years.
2. Any circumstance under any subparagraph of paragraph 1 of the preceding Article.
3. The total amount repaid for unsecured and non-preferential claims is obviously lower than the total amount which would be repaid if determined according to the liquidation process at the time of the court's ruling on the initiation of the rehabilitation process.
4. The total amount repaid for unsecured and non-preferential claims is lower than the remaining amount of the disposable income of the debtor, after deducting the amount of necessary living expenses for himself/herself and the persons who must be legally supported by him/her during the two years before the application for rehabilitation.
In calculating the total amount which would be repaid if determined according to the liquidation process under subparagraph 3 of the preceding paragraph, any property which cannot be appraised easily and any property which may not fall within the scope of the liquidation estate as extended by a ruling in accordance with Article 99, shall be deducted.
In any approval ruling under paragraph 1 of this article, the court shall give the creditors notice of the contents of the rehabilitation proposal and the report of the property and income status of the debtor, and shall give the creditors opportunities to state their opinions.

Under the following circumstances, the debtor shall be deemed to have exerted efforts for repayment:
1. If the property of the debtor has a liquidation value, more than nine-tenths of the balance of such value is used for the repayment, after adding the total amount received from the disposable property during the performance period of the rehabilitation proposal, and deducting the necessary living expenses required by himself/herself and the persons who should be legally supported by him/her,.
2. If the property of the debtor does not have a liquidation value, more than four-fifths of the balance is used for the repayment, after adding the total amount received from the disposable property during the performance period of the rehabilitation proposal, and deducting the necessary living expenses required by himself/herself and the persons who should be legally supported by him/her,.

The necessary living expenses required by the debtor shall be determined to be 1.2 times the minimum living expense per month per person as publicly announced by the Ministry of Health and Welfare or the municipal government for that area in the latest year.
The amount of necessary living expenses for any supported person shall be calculated by applying mutatis mutandis the calculation standards under paragraph 1, and shall be determined according to the proportion of the support obligations legally assumed by the debtor.
For the circumstances under the preceding two paragraphs, if the debtor expressly states that he/she is not required to assume part or all of the necessary living expenses, then he/she is not subject to the restriction on minimum living expenses in paragraph 1 of this article. If the debtor can prove with certainty that he/she has necessary expenses for any supported persons, then he/she is not subject to the limitations imposed by paragraphs 1 and 2 of this article.

When the court rules on the disapproval of the rehabilitation proposal, it shall rule on the initiation of the liquidation process at the same time.
If an appeal from the ruling on disapproval of the rehabilitation proposal is filed, the ruling on the initiation of the liquidation process under the preceding paragraph shall also be adjudicated by the appeal court.
The liquidation process may proceed only after the ruling under paragraph 1 becomes final.

The rehabilitation process shall be concluded when the ruling on the approval of rehabilitation proposal becomes final.
After the approval ruling becomes final, the court shall deliver the final certificate to the parties on its own initiative.

After the court's ruling on the approval of the rehabilitation proposal becomes final, unless otherwise provided for in this Statute, the ruling shall take effect on all creditors. If a special provision for residential mortgage is set forth, such special provision shall be binding on the mortgage creditor. The same shall apply to any joint debtor, guarantor, or third person providing security who has claims against the debtor.
If creditors are financial institutions, the debtor may make a written request for the financial institution with the largest amounts of claims to generally conduct the operation of collection and payment.

The rehabilitation may not affect the rights of creditors who have secured or preferential rights, unless otherwise provided for in this Statute or consented to by such creditors.

Upon conclusion of the rehabilitation process, unless otherwise provided for in this Statute, the order of preservation made under Article 19 shall be inoperative. Any compulsory enforcement proceedings which have been terminated in accordance with Article 48 shall be deemed to have been concluded.

Any creditors with secured or preferential rights, on whom the rehabilitation proposal has no effect, may, after the conclusion of the rehabilitation process, initiate or continue the compulsory enforcement proceedings.
When a creditor with preferential rights or security rights over specific property of the debtor applies for compulsory enforcement, the debtor may, before the public announcement of auction, state to the enforcement court that he/she is willing to present cash in the amount of the auction price or show proof that the creditor has extinguished the preferential rights and security rights over the property.
In the circumstance under the preceding paragraph, if the debtor fails to pay the necessary cash within 7 days after notice of the enforcement court, the subject property shall be bought by the winning bidder or assumed by the creditor.
If the object of the auction under paragraph 2 of this article is land, the land increment tax shall be deducted from its price.
The provisions of the preceding three paragraphs shall apply mutatis mutandis to any auctions conducted according to other laws.

Rights of creditors against a joint debtor or a guarantor of the debtor or a third person who provides security for the debtor shall not be affected by the rehabilitation.

If the debtor allows any other additional benefit to a creditor than those set forth in the rehabilitation proposal, such allowance shall be inoperative.

If the debtor has completed the full performance of the conditions of rehabilitation, unless otherwise provided for in this Statute, any remaining unpaid portion of the declared claims and the undeclared claims shall be deemed to have been extinguished. However, the debtor shall remain liable for the performance of the conditions of the rehabilitation, with respect to any creditors whose failure to declare claims is not for cause attributable to the creditors.
If the debtor has difficulty in the performance of the claims specified in the preceding paragraph for cause not attributable to him/her, he/she may apply to the court for extension of his/her performance period. However, the extended period may not exceed 2 years.

After the court's ruling on approval of rehabilitation proposal becomes final, if the debtor fails to perform the conditions of rehabilitation, the creditor may apply for compulsory enforcement against the debtor, the guarantor of rehabilitation, the security provider, or other person assuming the debt jointly, unless the creditor's claims are objected to under Article 36 and no final ruling thereon is rendered.
If the creditor applies for compulsory enforcement against the debtor, the court may, on application of the debtor, rule on the initiation of the liquidation process.

After the court's ruling on approval of rehabilitation proposal becomes final, if the debtor has difficulty in performance for cause not attributable to him/her, he/she may apply to the court for extension of his/her performance period. However, the extended period may not exceed 2 years.
If the balance of the disposable income of the debtor after deducting the necessary living expenses for himself/herself and the persons who should be legally supported by him/her, has been lower than the amount to be repaid under the rehabilitation proposal for three successive months, the existence of cause under the preceding paragraph shall be presumed.
If of the debtor encounters obvious and great difficulties during the extended period under paragraph 1 of this article, then when the amount repaid by the debtor to each creditor has reached two-thirds of the amount originally agreed, and the amount repaid for unsecured and non-preferential claims has exceeded the total amount that may be repaid according to the liquidation process, the court may, on application of the debtor, release the debtor from his/her obligation. However, before ruling on the request for release from obligation, the court shall give the creditors an opportunity to state their opinions.
The provisions of the preceding three paragraphs shall not apply to claims relating to residential mortgages or to special provisions applicable to them.
If the debtor has difficulty in performance under paragraph 1 of this article, the court may, on the debtor's application, rule on the initiation of the liquidation process.

If it is found, within one year from the day following the date when the rehabilitation proposal was approved by the court, that the debtor has falsely reported his/her debts, concealed his/her property, or allowed additional interest to one or several of the creditors, the court may, on application of the creditor, revoke the rehabilitation process and at the same time re-initiate the liquidation process.
If an appeal from the ruling on revocation of rehabilitation is filed, the ruling on the initiation of the liquidation process in the preceding paragraph shall also be adjudicated by the appeal court.
The liquidation process may proceed only after the ruling under paragraph 1 of this article becomes final.

No debt secured or assumed by a third person for the rehabilitation shall be affected by the court's revocation of rehabilitation.

After the court has ruled on the initiation of the rehabilitation process, but before the debtor has been released from his/her obligations, if the court rules on the initiation of the liquidation process, all parts of the rehabilitation process which are applicable to the liquidation process shall serve as part of the liquidation process, and the application for rehabilitation shall be deemed an application for liquidation.
In any circumstance under the preceding paragraph, the claims which have been declared in the rehabilitation process shall also be deemed declared in the liquidation process; expenses incurred for the rehabilitation process and debts assumed for the performance of the rehabilitation proposal shall, respectively, be deemed as expenses or debts of the liquidation estate.

After the court's ruling on approval of the rehabilitation proposal becomes final, when the court subsequently rules on the initiation of the liquidation process because of the failure of the debtor in the full performance thereof, any original claim of a creditor that was made before the approval of the rehabilitation proposal shall still be included in the liquidation process, taking into account the creditor's repayment according to the rehabilitation conditions, and the portion repaid shall be included in the liquidation estate to determine the amount distributable to the creditor.
A creditor under the preceding paragraph may receive distributions only after the distribution received by other creditors reaches the same proportion as the degree to which he/she has been repaid.