IBC 128 — Effect of bankruptcy order

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) On the passing of the bankruptcy order under section 126,—
(a) the estate of the bankrupt shall vest in the bankruptcy trustee as provided in section 154;
(b) the estate of the bankrupt shall be divided among his creditors;
(c) subject to provisions of sub-section (2), a creditor of the bankrupt indebted in respect of any debt claimed as a bankruptcy debt shall not—

(i) initiate any action against the property of the bankrupt in respect of such debt; or (ii) commence  any suit or other legal proceedings  except with the leave  of the Adjudicating Authority and on such terms as the Adjudicating Authority may impose.
(2)  Subject  to  the  provisions  of  section  123,  the  bankruptcy order  shall  not  affect  the  right  of  any secured  creditor  to  realise  or  otherwise  deal  with  his  security  interest  in  the  same  manner  as  he  would have been entitled if the bankruptcy order had not been passed:
Provided  that  no  secured  creditor  shall  be  entitled  to  any  interest  in  respect  of  his  debt  after  the bankruptcy  commencement  date  if  he  does  not  take  any  action  to  realise  his  security  within  thirty  days from the said date.
(3)  Where  a  bankruptcy  order  under  section  126  has  been  passed  against  a  firm, the  order  shall operate as if it were a bankruptcy order made against each of the individuals who, on the date of the order, is a partner in the firm.
(4)  The  provisions  of  sub-section  (1)  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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