Considering the points raised by National Company Law Tribunal in this case, answer the following questions mentioning the relevant Sections of IBC/IBBI (CIRP) Regulations: In the event of claim received after the specif
CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · December 2024
Considering the points raised by National Company Law Tribunal in this case, answer the following questions mentioning the relevant Sections of IBC/IBBI (CIRP) Regulations: In the event of claim received after the specified period, whether the same can be accepted, if yes, state the process for accepting claim after specified period.
Answer & Explanation:
Regulation 13(1) of the IBBI CIRP Regulation provides that the interim resolution professional or the resolution professional, as the case may be, shall verify every claim, as on the insolvency commencement date, within seven days from the last date of the receipt of the claims, and thereupon maintain a list of creditors containing names of creditors along with the amount claimed by them, the amount of their claims admitted and the security interest, if any, in respect of such claims, and update it. Regulation 13 (1B) states that in the event that claims are received after the period specified under sub-regulation (1) of regulation 12 and up to seven days before the date of meeting of creditors for voting on the resolution plan or the initiation of liquidation, as the case may be, the interim resolution professional or resolution professional, as the case may be, shall verify all such claims and categorise them as acceptable or non-acceptable for collation. Yes, the IRP/RP can accept the claim after specified period but within the period mentioned in Regulation 13(1B) i.e., not after 7 days before the CoC meeting in which voting for resolution plan or initiation of liquidation is considered.
Topics: Claims
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