Explain the concept of 'Qualifying Debt' and 'Excluded Debt' under The Insolvency and Bankruptcy Code, 2016.

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2024
Explain the concept of 'Qualifying Debt' and 'Excluded Debt' under The Insolvency and Bankruptcy Code, 2016.

Answer & Explanation:

Qualifying Debt means amount due, including interest or any other sum due in respect of the amounts owed under any contract, by the debtor. However, qualified debt does not include - an excluded debt; a secured debt; and any debt, which is incurred 3 months before the date of application for Fresh Start Process (Section 79(19) of the IBC). Excluded Debt means liability to pay fine/penalty imposed by a Court or Tribunal; liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other legal obligation; liability to pay maintenance to any person under any law for the time being in force; liability in relation to a student loan; any other debt as may be prescribed (Section 79(15) of the IBC).

Topics: Insolvency and Bankruptcy Code, 2016

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