Application for initiation of individual insolvency resolution process can be submitted by a debtor only in respect of debts which are not excluded debts. Which debts are to be treated as excluded debts?
CS Professional · Insolvency - Law and Practice · PYQS · June 2019
Application for initiation of individual insolvency resolution process can be submitted by a debtor only in respect of debts which are not excluded debts. Which debts are to be treated as excluded debts?
Answer & Explanation:
Section 94 of the Insolvency and Bankruptcy Code, 2016 deals with the application by debtor to initiate insolvency resolution process. A debtor who commits a default may apply, either personally or through a resolution professional, to the Adjudicating Authority for initiating the insolvency resolution process, by submitting an application. [(Section 94(1)] An application under sub-section (1) shall be submitted only in respect of debts which are not excluded debts. [Section 94(3)] Excluded Debts: Section 79(15) of the Code defines excluded debts, which means: liability to pay fine 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.
Topics: Individual Insolvency Resolution Process
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