The Consumer Debt Clearance Statute Article 133
This English translation was last updated on 2018-12-26, but the Chinese text was amended on 2021-06-16. Later amendments may not be reflected in the translation — please refer to the Chinese text.
After the court rules on the initiation of the liquidation process, if the debtor has any remaining disposable income from salary, income from professional practice or other fixed income, after deducting the amount of necessary living expenses for the debtor and for any persons whom the debtor is legally required to support, and the total amount of distribution to common creditors is lower than the debtor's remaining disposable income during the two-year period prior to his/her application for liquidation, then the court may rule on the debtor's non-release from his/her obligations. However, the preceding paragraph does not apply if the debtor can prove that he/she has obtained the consent of all common creditors.
中文原文 消費者債務清理條例第133條
法院裁定開始清算程序後，債務人有薪資、執行業務所得或其他固定收入，扣除自己及依法應受其扶養者所必要生活費用之數額後仍有餘額，而普通債權人之分配總額低於債務人聲請清算前二年間，可處分所得扣除自己及依法應受其扶養者所必要生活費用之數額者，法院應為不免責之裁定。
但債務人證明經普通債權人全體同意者，不在此限。
但債務人證明經普通債權人全體同意者，不在此限。