Rajesh Kumar, a textile merchant, was adjudicated bankrupt following insolvency proceedings. Anand was appointed Bankruptcy Trustee to administer the estate. Upon assuming office, Anand identified several urgent matters:
CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · June 2026
Rajesh Kumar, a textile merchant, was adjudicated bankrupt following insolvency proceedings. Anand was appointed Bankruptcy Trustee to administer the estate. Upon assuming office, Anand identified several urgent matters: the business required temporary continuation to maximise asset recovery; outstanding debts owed to Rajesh needed arbitration; certain creditors sought compromise arrangements; and a mortgageable property existed suitable for raising funds towards debt settlement. Additionally, a contractual option over a warehouse formed part of the estate apart from other issues. Before proceeding further, Anand wants to convene a meeting of the creditors. In such a situation, elucidate which are the acts of the Bankruptcy Trustee that require prior approval from creditors?
Answer & Explanation:
The Bankruptcy Trustee shall require prior approval of the Committee of Creditors in respect of the following acts in terms of Section 153 of the IBC: carry on any business of the bankrupt as far as may be necessary for winding it up beneficially. bring, institute or defend any legal action or proceedings relating to the property comprised in the estate of the bankrupt. accept as consideration for the sale of any property a sum of money due at a future time subject to certain stipulations such as security. mortgage or pledge any property for the purpose of raising money for the payment of the debts of the bankrupt. Where any right, option or other power forms part of the estate of the bankrupt, make payments or incur liabilities with a view to obtaining, for the benefit of the creditors, any property which is the subject of such right, option or power. refer to arbitration or compromise on such terms as may be agreed, any debts subsisting or supposed to subsist between the bankrupt and any person who may have incurred any liability to the bankrupt. make compromise or other arrangement as may be considered expedient, with the creditors. make compromise or other arrangement as he may deem expedient with respect to any claim arising out of or incidental to the bankrupt's estate. appoint the bankrupt to supervise the management of the estate of the bankrupt or any part of it, carry on his business for the benefit of his creditors and to assist the Bankruptcy Trustee in administering the estate of the bankrupt.
Topics: Insolvency and Bankruptcy Code, 2016
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