#absoluteorder

In Thailand, bankruptcy is not merely a financial state but a rigorous judicial process governed by the Bankruptcy Act B.E. 2483 (1940). Following the global economic shifts of the mid-2020s, Thailand has modernized its insolvency framework to balance creditor recovery with the preservation of viable businesses.

The system is bifurcated into two distinct tracks: Liquidation (Bankruptcy) and Business Rehabilitation (Reorganization). As of 2026, new legislative amendments have further streamlined these processes, particularly for corporate entities.

1. The Thresholds of Insolvency

Under Thai law, insolvency is defined by a "balance sheet test"—where a debtor’s liabilities exceed their total assets. However, for a case to be accepted by the Central Bankruptcy Court, specific debt thresholds must be met:

Individual Debtors: A creditor can petition for bankruptcy if the debt is at least 1,000,000 THB.

Juristic Persons (Companies): The threshold is 2,000,000 THB.

Business Rehabilitation: To qualify for reorganization rather than liquidation, the corporate debt must be no less than 10,000,000 THB.

Note for Foreigners: Bankruptcy laws apply equally to foreign nationals residing in Thailand or foreign companies doing business in the Kingdom. A foreign judgment cannot be automatically enforced; a fresh petition must be filed in the Thai Central Bankruptcy Court using certified Thai translations of all evidence.

2. Personal Bankruptcy: The Path to Discharge

Unlike some Western jurisdictions, personal bankruptcy in Thailand is involuntary. A debtor cannot "file for bankruptcy" to clear their debts; a creditor must initiate the suit.

The Absolute Receivership Order (ARO)

Once the court is satisfied that a debtor is insolvent, it issues an Absolute Receivership Order. At this moment, the debtor loses all legal authority to manage their assets or business. Control is transferred to an Official Receiver from the Legal Execution Department.

The Three-Year "Standard" Discharge

The most critical timeline for individuals is the automatic discharge. Under Section 81/1, a bankrupt individual is typically discharged from bankruptcy three years after the court’s final adjudication.

Extensions: This period can be extended to 5 or even 10 years if the debtor is found to be "dishonest," has concealed assets, or has committed fraud.

Effect of Discharge: Upon discharge, the individual is cleared of all previous debts (except for taxes or debts arising from fraud), allowing for a total financial "reset."

3. Corporate Rehabilitation: The "Pre-Packaged" Revolution

For companies that are insolvent but still have "going-concern" value, Chapter 3/1 of the Bankruptcy Act provides a lifeline.

The Automatic Stay

Upon the court's acceptance of a rehabilitation petition, an Automatic Stay (Section 90/12) is triggered. This is a powerful shield that prevents creditors from filing new lawsuits, seizing assets, or cutting off essential utilities while a plan is being drafted.

New for 2026: Pre-Packaged Rehabilitation

A significant 2026 amendment introduced "Pre-Packaged" Rehabilitation plans. Inspired by the U.S. Chapter 11 model, this allows a company to negotiate a restructuring plan with its creditors before filing with the court.

Efficiency: This cuts the rehabilitation timeline from 7–9 months down to as little as 2–3 months.

Voting: The plan must be approved by a "special resolution" (typically requiring 75% of the total debt value from creditors present at the meeting).

4. The Procedural Roadmap

The journey through the Central Bankruptcy Court follows a strict technical sequence:

The Petition: The creditor files a suit and proves the debtor is insolvent.

The Trial: The court examines the validity of the debt. If proven, an Absolute Receivership Order is issued.

Debt Vesting: The Official Receiver advertises the order in the Government Gazette. All creditors must file their Proof of Debt within two months of this publication.

Composition of Debts: The debtor may propose a "Composition"—a settlement offer to pay back a percentage of the debt to avoid full bankruptcy. If the creditors and court approve, the bankruptcy is stayed.

Liquidation: If no composition is reached, the Receiver sells the debtor’s assets via public auction to distribute proceeds among creditors.

5. Critical Restrictions on the Bankrupt

Being declared bankrupt in Thailand carries severe professional and personal consequences:

Employment: Bankrupt individuals are legally barred from serving as directors of any company or holding most government positions.

International Travel: The debtor must obtain written permission from the Official Receiver to travel abroad.

Asset Seizure: All assets, including bank accounts, real estate (land title deeds), and even future inheritances, are frozen and subject to seizure.

6. 2026 Legislative Updates: Penalties and Force Majeure

The 2026 amendments to the Act significantly increased the stakes for non-compliance:

Increased Penalties: Fines for failing to report assets or obstructing the Official Receiver have been raised from negligible amounts to a range of 20,000 to 200,000 THB, plus potential imprisonment.

Force Majeure Protections: A new provision (Section 91/1) allows creditors who missed the 2-month filing deadline due to "unavoidable events" (such as natural disasters or civil unrest) to petition the court for a late filing, ensuring fairer debt distribution.

Final Strategy

For those navigating financial distress in Thailand, the "rehabilitation" route is almost always preferable to "bankruptcy." However, the 10-million-baht entry bar for rehabilitation means smaller businesses often fall into the liquidation trap. Proactive negotiation for a Composition of Debt before the Absolute Receivership Order is issued remains the most effective way to retain control of one's financial future.