The Consumer Debt Clearance Statute Article 79
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 the rehabilitation proposal becomes final, when the court subsequently rules on the initiation of the liquidation process because of the failure of the debtor in the full performance thereof, any original claim of a creditor that was made before the approval of the rehabilitation proposal shall still be included in the liquidation process, taking into account the creditor's repayment according to the rehabilitation conditions, and the portion repaid shall be included in the liquidation estate to determine the amount distributable to the creditor.A creditor under the preceding paragraph may receive distributions only after the distribution received by other creditors reaches the same proportion as the degree to which he/she has been repaid.
中文原文 消費者債務清理條例第79條
更生方案經法院裁定認可確定後，債務人尚未完全履行，而經法院裁定開始清算程序時，債權人依更生條件已受清償者，其在更生前之原有債權，仍加入清算程序，並將已受清償部分加算於清算財團，以定其應受分配額。
前項債權人，應俟其他債權人所受之分配與自己已受清償之程度達同一比例後，始得再受分配。
前項債權人，應俟其他債權人所受之分配與自己已受清償之程度達同一比例後，始得再受分配。