The Consumer Debt Clearance Statute Article 52

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.

If a creditor has owed debts to the debtor before the court's ruling on the initiation of the rehabilitation process, to the extent that such debts may be offset before expiration of the period for supplemental declaration of claims, the creditor may offset his/her debts against his/her claims with the debtor before the expiration of such period and notify the supervisor or report to the court of such offset.Under any of the following circumstances, the debts may not be offset:1. The debts owed to the debtor and incurred by the creditor after he/she has knowledge of the application for rehabilitation, except for debts which are owed on statutory grounds or which were incurred for cause arising before his/her knowledge of the application.2. The claims acquired from the debtor or the claims in rehabilitation acquired from others by a debtor of the debtor after the court's ruling on the initiation of the rehabilitation process.3. The claims acquired by a debtor of the debtor after he/she has knowledge of the application for rehabilitation, except for claims which are acquired on statutory grounds or for cause arising before the knowledge of the application.
中文原文 消費者債務清理條例第52條
債權人於法院裁定開始更生程序前對於債務人負有債務者,以於債權補報期間屆滿前得抵銷者為限,得於該期間屆滿前向債務人為抵銷,並通知監督人或向法院陳報。
有下列各款情形之一者,不得為抵銷:
一、債權人已知有更生聲請後而對債務人負債務。
但其負債務係基於法定原因或基於其知悉以前所生之原因者,不在此限。
二、債務人之債務人在法院裁定開始更生程序後,對於債務人取得債權或取得他人之更生債權。
三、債務人之債務人已知有更生聲請後而取得債權。
但其取得係基於法定原因或基於其知悉以前所生之原因者,不在此限。

English translation for reference only; the Chinese text prevails. Not legal advice.