The progress of debt collection from the related companies
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(- Translation -)
BTS.2168/2553
June 1, 2010
Subject : The progress of debt collection from the related companies
To : President
The Stock Exchange of Thailand
BTS Group Holdings Public Company Limited (the "Company") had provided loans
to its related companies from years 1990 to 1996, having the outstanding
repayment amount of Baht 5,679 million. The Company has already made
allowance for the doubtful debts in the amount of Baht 5,391 million. Due to
the fact that the Company sold its right of claim against one of the debtors
to other person, and such other person has already received the debt repayment
from such debtor. At present, the outstanding debt is decreased to Baht 5,000
million and the Company has already made allowance for the doubtful debts in
the amount of Baht 5,000 million. In this regard, the Company has continuously
followed up the payment of debts. The progresses on such are as follows:
1. During January 2007, the Company issued notices demanding the repayment
of loans from some debtors in the amount of Baht 2,983 million and issued the
second notices after a thirty-day period was due. Notwithstanding, the debts
still have not been serviced.
In addition, there is a debtor who has an outstanding debt in the amount of
Baht 2,647 million. Considering its financial statements, the Company viewed
that this debtor has no ability to service debts but still has a chance to
enter into the business rehabilitation process. As a result, the Company has
taken the following process.
- On March 23, 2007, filed a petition to the Central Bankruptcy
Court for the business rehabilitation of such debtor; however,
the Central Bankruptcy Court dismissed the petition on
October 15, 2007.
- On November 23, 2007, two creditors filed a petition to the
Court for the business rehabilitation of the said debtor and
the Central Bankruptcy Court had ordered to accept the petition
for business rehabilitation and there was an appointment for
the preliminary petition examination on March 31, 2008. On
such date, one of the creditors filed a petition to the Court
requesting the review and judgment on the legal issue as
regard to the repetition of the proceedings. The Court reviewed
and dismissed the petition for business rehabilitation on
April 30, 2008.
- On June 17, 2008, the debtor filed a petition for its own
business rehabilitation; however, the Central Bankruptcy Court
dismissed the petition for business rehabilitation.
- On July 3, 2008, the debtor filed another petition for its own
business rehabilitation. Later, the debtor withdrew its
petition on September 24, 2008 and the Central Bankruptcy
Court permitted such withdrawal.
- On October 17, 2008 the debtor has again filed the petition for
its own business rehabilitation; however, the Central
Bankruptcy Court dismissed the petition for its business
rehabilitation on December 9,2008.
- On February 26, 2009, the debtor has once again filed the
petition for its business rehabilitation; however, the Central
Bankruptcy Court dismissed the petition for its business
rehabilitation on August 5,2009.
- Due to the fact that a financial institution creditor filed a
bankruptcy case against the debtor in January 2006, and another
creditor also filed a bankruptcy case against the said debtor
in October 2007, the Central Bankruptcy Court ordered absolute
receivership against the debtor on August 6, 2009. At present,
the case is under the proceeding of the Official Receiver. The
Company has filed the application for debt repayment with the
Official Receiver and the Official Receiver ordered the first
meeting of creditors to be on July 1, 2010.
2. The Company has other debtors from borrowings in the amount of Baht
2,017 million. The Company followed up the debts with two debtors who have the
total debts of Baht 2,013 million. After the Company has taken the legal
proceedings against these debtors concurrently with the negotiation for debt
restructuring for a period of time, the Company is now considering other type
of proceedings to be taken against these debtors, e.g. filing bankruptcy case
concurrently with other proceedings.
Please be informed accordingly.
Yours sincerely,
BTS Group Holdings Public Company Limited
-Mr. Sutham Siritipsakorn and Mr.Rangsin Kritalug-
Directors