State the eligibility requirement for a debtor for the purpose of making an application for a fresh start process under the Insolvency and Bankruptcy Code, 2016.

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2022
State the eligibility requirement for a debtor for the purpose of making an application for a fresh start process under the Insolvency and Bankruptcy Code, 2016.

Answer & Explanation:

Section 80 of the Insolvency & Bankruptcy Code, 2016, lays down the eligibility criteria for the debtor for the purposes of making an application for a fresh start process. Section 80(1) lays down that a debtor, who is unable to pay his debt and fulfils the conditions specified in section 80(2), shall be entitled to make an application for a fresh start for discharge of his qualifying debt under Chapter II part III of the Code. Conditions for filing application for fresh start process: Section 80(2) provides that a debtor may apply, either personally or through a resolution professional, for a fresh start under Chapter II of Part III of the Code in respect of his qualifying debts to the Adjudicating Authority if - The gross annual income of the debtor does not exceed ₹60,000: The aggregate value of the assets of the debtor does not exceed ₹20,000; The aggregate value of the qualifying debts does not exceed ₹35,000; He is not an undischarged bankrupt; He does not own a dwelling unit, irrespective of whether it is encumbered or not; A fresh start process, insolvency resolution process or bankruptcy process is not subsisting against him; and No previous fresh start order under this chapter has been made in relation to him in the preceding twelve months of the date of the application for fresh start.

Topics: Insolvency and Bankruptcy Code (IBC)

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