Section
22 of the Act provides that the parties may appoint any
person within the jurisdiction of the Bankruptcy Court
to be a receiver of the documents or to receive documents
on the behalf of a party. If the parties to a case do
not have a domicile within the jurisdiction of the Bankruptcy
Court, the Court may order said parties to appoint a representative
within the jurisdiction of the Central Bankruptcy Court
to accept any documents. Section 22 provides that the
Court set a time frame for compliance with this section.
If the parties to the case do not comply with an order
to designate a representative to receive documents, the
Court may order that the notice of any documents be made
by affixing the document at the Court and notifying the
parties as to the place where the document is affixed.
Notice becomes effective fifteen days after the date that
the document is affixed.
The
procedure for sending documents shall be pursuant to the
procedures as set out in the Civil and Commercial Code.
Pursuant to Section 23 of the Act, the Court may order
that documents be sent to any party or person by registered
reply mail. In these cases, the sending of any document
shall have the same effect as if sent by a Court official.
Appeal:
Pursuant to the bankruptcy law, a judgement
or order of the Bankruptcy Court in rehabilitation of
debtor cases and civil cases relating to said rehabilitation
case, may be appealed to the Supreme (Dika) Court within
one month form the date of judgement. Section 25 of the
Act provides that the President of the Supreme Court shall
establish a Bankruptcy Division for consideration of appeals
from the Central Bankruptcy Court. Acceptance of any appeal
is to be determined whether the appeal is lawful pursuant
to the existing Bankruptcy law and the decision rests
with the Supreme (Dika) Court. If the President of the
Supreme Court deems it appropriate to consider any point
of the bankruptcy case, he may have the General Assembly
of the Supreme Court consider it.
Transitory
Provisions: The Act provides for transitory
measures for cases that have been commenced prior to the
establishment of the Bankruptcy Court. Pursuant to Section
29 of the Act, cases commenced earlier than the opening
of the Central Bankruptcy Court shall be transferred to
the jurisdiction of the Central Bankruptcy Court. Such
cases which are transferred from a Court of First Instance
to the Central Bankruptcy Court must be transferred within
one hundred and eighty days from the date the Central
Bankruptcy Court has opened.
During
the period prior to the opening of the Area Bankruptcy
Court, the Central Bankruptcy Court shall have jurisdiction
of those cases. However, the plaint or application shall
be submitted to the Provincial Court where the debtor
is domiciled. Thereafter, pursuant to Section 30 of the
Act, the Provincial Court shall notify the Central Bankruptcy
Court. Ater the Central Bankruptcy Court has accepted
jurisdiction of the case, the Court may decide whether
to sit in consideration of the case at the Provincial
Court or at the Central Bankruptcy Court. The Central
Bankruptcy Court may also direct the Provincial Court
to carry out any procedure which does not amount to the
rendering of a decision.
Conclusion:
The new Act Establishing the Bankruptcy
Court and Bankruptcy Procedure became effective on July
18, 1999. The Act establishes a Central Bankruptcy Court
for the Bangkok Metropolitan District as well as Area
Bankruptcy Courts. The Act sets out certain procedures
to be followed, requires the appointment of judges, and
gives the Court limited authority to establish its own
procedures. The Act also sets out transitory provisions
to handle existing cases and cases that arise prior to
the establishment of Area Bankruptcy Courts. With the
establishment of the Central Bankruptcy Court, Thailand's
debtors and creditors can expect a faster and more efficient
disposition ot their bankruptcy and debtor rehabilitation
cases. |
