"A discharge order in case of individual or firm insolvency permits the debtor to start business afresh having freed from the qualifying debts of the insolvent past". Explain briefly the provisions relating to discharge
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2021
"A discharge order in case of individual or firm insolvency permits the debtor to start business afresh having freed from the qualifying debts of the insolvent past". Explain briefly the provisions relating to discharge order.
Answer & Explanation:
According to Section 79(2)(13) of the Insolvency and Bankruptcy Code, 2016 "discharge order" means an order passed by the Adjudicating Authority discharging the debtor under sections 92, 119 and section 138, as the case may be. Section 92 of the Insolvency and Bankruptcy Code, 2016 provides for the passing of a discharge order by the adjudicating authority at the end of the moratorium period for discharge of the debtor from the qualifying debts. Further, the discharge order shall also provide for the discharge of penalties, penal interest and other sums owed under any contract, in respect of the qualifying debts, from the date of the application for fresh start to the date of the discharge order. A discharge order discharges only the debtor. Such discharge order is recorded in the financial history of the debtor. Section 92 does not discharge the debtor from any debt not included in 92 (2) and from any liability not included in Section 92(3).
Topics: Insolvency and Bankruptcy Code
Related Questions in this Topic
- Mr. P is unable to pay his debt and wants to apply under the Insolvency and Bankruptcy Code 2016 for a fresh start proce...
- 'The Ministry of Corporate Affairs has constituted the Insolvency Law Committee (ILC) to recommend amendments to the Ins...
- Explain the provision relating to Directions for compliances of restrictions as per provisions of section 90 of the IBC....
- A corporate debtor in respect of whom a liquidation order has been made is ineligible to initiate a corporate insolvency...
- What constitutes transactions defrauding creditors as per provision of section 49 of IBC 2016?