The Consumer Debt Clearance Statute Article 75

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's ruling on approval of rehabilitation proposal becomes final, if the debtor has difficulty in performance for cause not attributable to him/her, he/she may apply to the court for extension of his/her performance period. However, the extended period may not exceed 2 years.If the balance of the disposable income of the debtor after deducting the necessary living expenses for himself/herself and the persons who should be legally supported by him/her, has been lower than the amount to be repaid under the rehabilitation proposal for three successive months, the existence of cause under the preceding paragraph shall be presumed.If of the debtor encounters obvious and great difficulties during the extended period under paragraph 1 of this article, then when the amount repaid by the debtor to each creditor has reached two-thirds of the amount originally agreed, and the amount repaid for unsecured and non-preferential claims has exceeded the total amount that may be repaid according to the liquidation process, the court may, on application of the debtor, release the debtor from his/her obligation. However, before ruling on the request for release from obligation, the court shall give the creditors an opportunity to state their opinions.The provisions of the preceding three paragraphs shall not apply to claims relating to residential mortgages or to special provisions applicable to them.If the debtor has difficulty in performance under paragraph 1 of this article, the court may, on the debtor's application, rule on the initiation of the liquidation process.
中文原文 消費者債務清理條例第75條
更生方案經法院裁定認可確定後,債務人因不可歸責於己之事由,致履行有困難者,得聲請法院裁定延長其履行期限。
但延長之期限不得逾二年。
債務人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餘額,連續三個月低於更生方案應清償之金額者,推定有前項事由。
第一項延長期限顯有重大困難,債務人對各債權人之清償額已達原定數額三分之二,且無擔保及無優先權債權受償總額已逾依清算程序所得受償之總額時,法院得依債務人之聲請,為免責之裁定。
但於裁定前,應使債權人有陳述意見之機會。
前三項規定,於定自用住宅借款特別條款之債權不適用之。
債務人有第一項履行困難情形者,法院得依其聲請裁定開始清算程序。

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