A corporate debtor in respect of whom a liquidation order has been made is ineligible to initiate a corporate insolvency resolution process. Do you agree? List out the persons who are not eligible to make an application

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2025
A corporate debtor in respect of whom a liquidation order has been made is ineligible to initiate a corporate insolvency resolution process. Do you agree? List out the persons who are not eligible to make an application for insolvency resolution process under the Insolvency and Bankruptcy Code.

Answer & Explanation:

Yes. A corporate debtor in respect of whom a liquidation order has been made is ineligible to initiate a corporate insolvency resolution process Section 11 of the Insolvency & Bankruptcy Code lists out the persons who are not eligible to make an application to initiate the Corporate Insolvency resolution process. The following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this Chapter II of Part II, namely: a corporate debtor undergoing a corporate insolvency resolution process or a pre-packaged insolvency resolution process; or a financial creditor or an operational creditor of a corporate debtor undergoing a pre-packaged insolvency resolution process; or a corporate debtor having completed corporate insolvency resolution process twelve months preceding the date of making of the application; or a corporate debtor in respect of whom a resolution plan has been approved under Chapter III-A, twelve months preceding the date of making of the application; or a corporate debtor or a financial creditor who has violated any of the terms of resolution plan which was approved twelve months before the date of making of an application under this Chapter; or a corporate debtor in respect of whom a liquidation order has been made. Explanation [I]. - For the purposes of this section, a corporate debtor includes a corporate applicant in respect of such corporate debtor. Explanation II.- For the purposes of this section, it is hereby clarified that nothing in this section shall prevent a corporate debtor referred to in clauses (a) to (d) from initiating corporate insolvency resolution process against another corporate debtor.

Topics: Insolvency and Bankruptcy Code

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