IBC 159 — After-acquired property of bankrupt

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  bankruptcy  trustee  shall  be  entitled  to  claim for the estate of the bankrupt, any after-acquired property by giving a notice to the bankrupt.
(2) A notice under sub-section (1) shall not be served in respect of—
(a) excluded assets; or (b)  any  property  which  is  acquired  by  or  devolves  upon  the  bankrupt  after  a  discharge  order  is passed under section 138.
(3)  The  notice  under  sub-section  (2)  shall  be  given  within  fifteen  days  from  the  day  on  which  the acquisition or devolution of the after-acquired property comes to the knowledge of the bankruptcy trustee.

(4) For the purposes of sub-section (3)—
(a)  anything  which  comes  to  the  knowledge  of  the  bankruptcy  trustee  shall  be  deemed  to  have come to the knowledge of the successor of the bankruptcy trustee at the same time; and (b) anything  which  comes  to  the  knowledge  of a  person  before  he  is  appointed  as  a  bankruptcy trustee shall be deemed to have come to his knowledge on the date of his appointment as bankruptcy trustee.
 (5) The  bankruptcy  trustee  shall  not  be  entitled,  by  virtue  of  this  section,  to  claim  from  any  person who has acquired any right over after-acquired property, in good faith, for value and without notice of the bankruptcy.
(6) A notice may be served after the expiry of the period under sub-section (3) only with the approval of the Adjudicating Authority.
Explanation.—For  the  purposes  of  this  section,  the  term “after-acquired  property” means  any property   which   has   been   acquired   by   or   has   devolved   upon   the   bankrupt   after  the   bankruptcy commencement date.

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