IBC 153 — Approval of creditors for certain acts

Insolvency & Bankruptcy Code, 2016

Statutory text

The  bankruptcy  trustee  for  the purposes  of  this Chapter may after procuring the approval of the committee of creditors,—
(a)  carry  on  any  business  of  the  bankrupt  as  far  as  may  be  necessary  for  winding  it  up beneficially;
(b) bring, institute or defend any legal action or proceedings relating to the property comprised in the estate of the bankrupt;
(c)  accept  as  consideration  for  the  sale  of  any  property  a  sum  of  money  due  at  a  future  time subject to certain stipulations such as security;
(d)  mortgage  or  pledge  any  property  for  the  purpose  of  raising  money  for  the  payment  of  the debts of the bankrupt;
(e)  where  any  right,  option  or  other  power  forms  part  of  the  estate  of  the  bankrupt,  make payments  or  incur  liabilities  with  a  view  to  obtaining,  for  the  benefit  of  the  creditors,  any  property which is the subject of such right, option or power;
(f)  refer  to  arbitration  or  compromise  on  such  terms  as  may  be  agreed,  any  debts  subsisting  or supposed to subsist between the bankrupt and any person who may have incurred any liability to the bankrupt;
(g) make compromise or other arrangement as may be considered expedient, with the creditors;
(h) make compromise or other arrangement as he may deem expedient with respect to any claim arising out of or incidental to the bankrupt’s estate;
(i) appoint the bankrupt to—
(A) supervise the management of the estate of the bankrupt or any part of it;
(B) carry on his business for the benefit of his creditors;
(C) assist the bankruptcy trustee in administering the estate of the bankrupt.

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