IBC 123 — Application by creditor

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  application  for  bankruptcy  by  the  creditor  shall  be accompanied by—
(a) the records of insolvency resolution process undertaken under Chapter III;
(b)  a  copy  of  the  order  passed  by  the  Adjudicating  Authority  under  Chapter  III  permitting  the creditor to apply for bankruptcy;
(c)  details  of  the  debts  owed  by  the  debtor  to  the  creditor  as  on  the  date  of  the  application  for bankruptcy; and (d) such other information as may be prescribed.
(2)  An  application  under  sub-section  (1)  made  in  respect  of  a  debt  which  is  secured,  shall  be accompanied with—
(a) a statement by the creditor having the right to enforce the security that he shall, in the event of  a  bankruptcy  order  being  made,  give  up  his  security  for  the  benefit  of  all  the  creditors  of  the bankrupt; or (b) a statement by the creditor stating—
(i) that the application for bankruptcy is only in respect of the unsecured part of the debt; and (ii) an estimated value of the unsecured part of the debt.
(3) If a secured creditor makes an application for bankruptcy and submits a statement under clause (b) of sub-section (2), the secured and unsecured parts of the debt shall be treated as separate debts.
(4) The creditor may propose an insolvency professional as the bankruptcy trustee in the application for bankruptcy.
(5)  An  application  for  bankruptcy  under  sub-section (1),  in  case  of  a  deceased  debtor,  may  be  filed against his legal representatives.
(6) The application for bankruptcy shall be in such form and manner and accompanied by such fee as may be prescribed.
(7)  An  application  for  bankruptcy  by  the  creditor  shall  not  be  withdrawn  without  the  permission  of the Adjudicating Authority.

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