Section 81 of the IBC 2016 provides for the imposition of an interim moratorium. The purpose of the interim moratorium is to provide a conducive environment for the debtor to initiate a fresh start process. The interim m

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2024
Section 81 of the IBC 2016 provides for the imposition of an interim moratorium. The purpose of the interim moratorium is to provide a conducive environment for the debtor to initiate a fresh start process. The interim moratorium provisions shall have effect from the date of filing of such application up to the date on which such application is admitted or rejected by the adjudicating authority. Mention the information that is required to be provided the application as per section 81 (4) of the Code.

Answer & Explanation:

According to Section 81(4) of the Insolvency and Bankruptcy Code, 2016, the application under Section 81(3) shall contain the following information supported by an affidavit, namely: a list of all debts owed by the debtor as on the date of the said application along with details relating to the amount of each debt, interest payable thereon and the names of the creditors to whom each debt is owed; the interest payable on the debts and the rate thereof stipulated in the contract; a list of security held in respect of any of the debts, the financial information of the debtor and his immediate family for up to two years prior to the date of the application; the particulars of the debtor's personal details, as may be prescribed; the reasons for making the application; the particulars of any legal proceedings which, to the debtor's knowledge has been commenced against him; the confirmation that no previous fresh start order under this Chapter has been made in respect of the qualifying debts of the debtor in the preceding twelve months of the date of the application.

Topics: Insolvency and Bankruptcy Code, 2016

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