LEGAL PROBLEMS TO PRESENTATION OR A CLAIM IN BANKRUPTCY ACTION: A STUDY ON THE CRIMINAL FINES OF DEBTOR IN BANKRUPTCY CASE

Abstract

This thesis is a study on the application for repayment of debt in a bankruptcy case according to the Bankruptcy Act B.E. 2483. The thesis studies on debt of criminal fines of debtors in a bankruptcy case that if the debtor in the bankruptcy case is liable to fine penalty, the state must bring criminal fines to file for repayment of debt in abankruptcy case as other types of creditors in bankruptcy case or the state is entitled to full repayment of criminal fines without application for repayment of debt in a bankruptcy case. This is a documentary study and comparison with foreign law i.e.the United States,the United Kingdom,the Federal Republic of Germany and the guideline to draft a bankruptcy law of the Commission on International Trade Law.

The research found that the Bankruptcy Act B.E .2483 is not explicitly prescribed on the debt must be applicate for repayment of debtin a bankruptcy case lead to the problem with the narrow interpretation of the law of the Supreme Court. The Supreme Court rule that the debt must be applicate for repayment of debt in a bankruptcy case is only civil debt. Therefore, the debt of criminal fines is not required to file for repayment of debt in a bankruptcy case. However,the state hasthe right to enforce from the property division of the debtor in a bankruptcy case in full. The reason thatthe penalties imposed by the state power lead to the problem affects the rights of honest creditors in a bankruptcy case that have followed the procedure of the law. Moreover,it is the exercise of state power beyond the scope of state power untilthe private sector has been damaged.

The research are suggestions other than those set out in the Bankruptcy Act B.E. 2483 about the application for repayment of debt in bankruptcy case as follows: (1) Amend the definition of debt as expressly provided in section 6 of the Bankruptcy Act B.E. 2483 that including debt of criminal fines, penalty and forfeiture of property for the benefit of the state. (2) Amendments to the division of property in bankruptcy are expressly provided in section 130 of the Bankruptcy Act B.E. 2483 to specify the debt of criminal fines in the same order as the creditors have no preferential. (3) Amendments to the release of debt of criminal fines if the debtor has been released from bankruptcy in section 77 clearly states that even if the debtor was insolvent debtor, the debtor is not discharged out of a criminal fines.