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

Print Time:2024/11/22 07:18
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Chapter Law Content

Chapter II Rehabilitation
Section II Adoption and Approval of Rehabilitation
Article 53
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.
Article 54
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.
Article 54-1
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.
Article 55
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.
Article 56
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.
Article 57
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.
Article 58
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.
Article 59
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.
Article 60
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.
Article 61
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.
Article 62
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.
Article 63
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.
Article 64
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.
Article 64-1
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,.
Article 64-2
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.
Article 65
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.
Article 66
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.
Article 67
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.
Article 68
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.
Article 69
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.
Article 70
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.
Article 71
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.
Article 72
If the debtor allows any other additional benefit to a creditor than those set forth in the rehabilitation proposal, such allowance shall be inoperative.
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