Bangkok Legal Service

Article 2. From the sale of state assets to the treasury, Mr. Anant’s debt was a gambling debt amounting to 6,100,000 baht. He therefore seized the money from the sale of assets to use without submitting it to the treasury as state revenue. The Customs Department was informed and issued an order to dismiss Mr. Anant from service, amounting to 5,000,000 baht. Mr. Choti was informed and, seeing that Mr. Anant had the right to receive a severance payment, he filed a lawsuit against Mr. Anant to declare him bankrupt, amounting to 1,000,000 baht. The court issued a definitive order of protection. On January 1, 2483 (BE), the Receiver of Assets issued a letter seizing the severance payment from the Customs Department, consolidating it into assets. Subsequently, on February 25, 2483, the Customs Department stated that Mr. Anant did not pay the severance payment because he had been dismissed from service, therefore had no right to receive severance payment. The Receiver of Assets issued a letter on May 5, 2483, confirming that the Customs Department’s debt was due, confirming the payment of 1,000,000 baht. The manner of proceeding. When the court issued a definitive order of protection, the Receiver of Assets had the power to consolidate the debtor’s assets into a pool for distribution to creditors, and in the case of a debtor owing a debt to a government official or a Receiver of Assets, he had the power under Section 121 of the Bankruptcy Act B.E. 2483 to receive severance payment, bonus, or subsistence allowances in the same manner as the debtor. And in the case of a claim by the debtor against a third party, the Receiver of Assets must take action under Section [UNCLEAR] of the Bankruptcy Act B.E. 2483, namely, to notify the debtor’s debt to the relevant parties not to claim payment or transfer money in the amount notified, the recipient of the notification has the right to reject the debt to the Receiver of Assets within 14 days from the date of receipt of the notification, otherwise it will be considered a debt in the amount notified. This is the case as described above. Although the Customs Department issued a letter rejecting the debt to the Receiver of Assets exceeding 14 days from the date of receipt of the notification from the Receiver of Assets, the Customs Department was in debt in the amount notified, this case does not meet the criteria because the assets consolidated by the Receiver of Assets are the debtor’s assets or the debtor’s rights against third parties according to law before the definitive order of protection. Section 109(1) of the Bankruptcy Act B.E. 2483. When Mr. Anant misappropriated the Customs Department’s assets through fraud and was ordered to be dismissed, he had no right to receive a severance payment from the Customs Department under the Severance Payment Act, B.E. 2494, Section 8. This severance payment was not a claim by the debtor at the time of the definitive protection. The Receiver of Assets could not consolidate the severance payment of the debtor, and must remove the debtor’s name from the debtor’s list. The order of the Receiver of Assets specifies the time limit for filing an objection with the Receiver of Assets, as provided in Section [UNCLEAR] of the Bankruptcy Act B.E. 2483, which must be objected to within the time limit set by the Receiver of Assets. Therefore, the Customs Department still has the right to object to the order of protection under Sections 146, 158 of the Bankruptcy Act B.E. 2483. The Receiver of Assets issued an order confirming the non-withdrawal of the seizure of assets by the Customs Department, and the court must make a decision within 14 days from the date of receipt of the confirmation. Section 146 of the Bankruptcy Act B.E. 2483.