Raghu owns a toy shop at the ground floor of his house in a remote village in the state of Chhattisgarh. He deals in selling toys for kids below 5 years. Due to short circuit in his house, all the toys were destroyed and

CS Professional · Insolvency - Law and Practice · PYQS · June 2023
Raghu owns a toy shop at the ground floor of his house in a remote village in the state of Chhattisgarh. He deals in selling toys for kids below 5 years. Due to short circuit in his house, all the toys were destroyed and he could not recover any of them and suffered a huge loss. He used to purchase the toys from his savings as well as the borrowings from the local lenders. His total outstanding borrowings from the lenders were ₹39,000 including a loan amounting to ₹7,000, he obtained for his elder daughter for her studies. His annual income never exceeded ₹50,000 and only owns a house which is worth ₹20,000. He is also liable to pay a fine to the local court because of the electricity theft he committed 2 years back. Given his financial condition he has still not paid the said fine amounting to ₹5,900. He is now contemplating filing an application before the relevant adjudicating authority for a fresh start process. His wife who is a teacher in a local school has suggested him to nominate her brother Karan, resident of Raipur, to act as a resolution professional and assist Raghu in filing an application for fresh start process. During the discussions between Raghu and Karan, Karan mentioned that in one of the large case, disciplinary committee of the Insolvency and Bankruptcy Board of India has initiated proceedings against him. However, since this is a small case within the family, he can act as resolution professional. Considering the above facts, answer the following questions: (ii) Compute total eligible qualifying debt.

Answer & Explanation:

As per Section 79(19) of the Insolvency and Bankruptcy Code, 2016, 'qualifying debt' means the amount due (including interest or any other sum) under any contract, for a liquidated sum, either immediately or at a certain future time. It specifically does not include 'excluded debt' . Section 79(15) defines 'excluded debt' to include: Liability to pay a fine imposed by a court or tribunal. Liability in relation to a student loan. Let's compute Raghu's total eligible qualifying debt: Total outstanding borrowings ₹39,000 Less: Excluded Debts: Loan for elder daughter's studies (student loan) (₹7,000) Fine for electricity theft (fine imposed by court) (₹5,900) Total Eligible Qualifying Debt ₹26,100 Note: The provided solution calculates qualifying debt as ₹32,000 by only excluding the student loan. If the fine is also an excluded debt, then the calculation should be ₹39,000 - ₹7,000 - ₹5,900 = ₹26,100. However, following the solution's approach: Total outstanding borrowings ₹39,000 Less: Excluded Debts (as per solution): Loan for elder daughter's studies (student loan) (₹7,000) Total Eligible Qualifying Debt ₹32,000 Assuming the solution's interpretation where only the student loan is excluded for this specific calculation, the qualifying debt is ₹32,000.

Topics: Insolvency for Individuals

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