IBC 124 — Effect of application

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) When an application is filed under section 122 or section 123,—
(a)  an  interim-moratorium  shall  commence  on  the  date  of  the  making  of  the  application  on  all actions against the properties of the debtor in respect of his debts and such moratorium shall cease to have effect on the bankruptcy commencement date; and

(b) during the interim-moratorium period—
(i) any pending legal action or legal proceeding against any property of the debtor in respect of any of his debts shall be deemed to have been stayed;
(ii)  the  creditors  of  the  debtor  shall  not  be  entitled  to  initiate  any  legal  action  or  legal proceedings against any property of the debtor in respect of any of his debts.
(2)  Where  the  application  has  been  made  in  relation  to  a  firm,  the  interim-moratorium  under sub-section  (1)  shall  operate  against  all  the  partners  of  the  firm  as  on  the  date  of  the  making  of  the application.
(3)  The  provisions  of  this  section  shall  not  apply  to  such  transactions  as  may  be  notified  by  the Central Government in consultation with any financial sector regulator.

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