Abstract:
Bankruptcy law has been leaning more toward protecting the debtor rather than punishing, which also gives a fresh start to sincere but financially strapped debtors, per Thailand law of Bankruptcy Discharge, the Bankruptcy Act BE 2483.
The law still contains some ambiguities, thus gives rise to legal enforcement issues, such as: 1) the Official Receivers power to manage the Debtors business or property after an Order of Discharge from Bankruptcy due to the expiration of the period, or 2) the power to collect the debtors properties received after an Order of Discharge from Bankruptcy, and 3) the Debtors duty to co-operate with the Official Receiver in Estate Management after an Order of Discharge from Bankruptcy. This has created, issues of interpretation and ineffective enforcement. However, the foreign regulations of Discharge from Bankruptcy clearly state the Official Receivers power after an Order of Discharge from Bankruptcy includes the Debtors duty to co-operate in Estate Management after the Discharge.
Thus, it is suggested that in the Bankruptcy Act, the Chapter of Discharge from Bankruptcy after the expiration of the period, should be amended for more clarity as in foreign laws, and thus eliminate the ambiguities and endorse the effective legal enforcement.