IBC 125 — Appointment of insolvency professional as bankruptcy trustee

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  If  an  insolvency professional is proposed as the bankruptcy trustee in the application for bankruptcy under section 122 or section  123, the  Adjudicating  Authority  shall  direct  the  Board  within  seven  days  of  receiving  the application  for  bankruptcy  to  confirm  that  there  are  no  disciplinary  proceedings  pending  against  such professional.
(2)  The  Board  shall  within  ten  days  of  the  receipt  of the  direction  under  sub-section  (1)  in  writing either—
(a) confirm the appointment of the proposed insolvency professional as the bankruptcy trustee for the bankruptcy process; or (b) reject the appointment of the proposed insolvency professional as the bankruptcy trustee and nominate another bankruptcy trustee for the bankruptcy process.
(3) Where a bankruptcy trustee is not proposed by the debtor or creditor under section 122 or 123, the Adjudicating Authority shall direct the Board within seven days of receiving the application to nominate a bankruptcy trustee for the bankruptcy process.
(4)  The  Board  shall  nominate  a  bankruptcy  trustee  within  ten  days  of  receiving  the  direction  of  the Adjudicating Authority under sub-section (3).
(5)  The  bankruptcy  trustee  confirmed  or  nominated  under  this  section  shall  be  appointed  as  the bankruptcy trustee by the Adjudicating Authority in the bankruptcy order under section 126.

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