IBC 161 — Notice to disclaim onerous property

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) No notice of disclaimer under section 160 shall be necessary if—
(a) a person interested in the onerous property has applied in writing to the bankruptcy trustee or his  predecessor  requiring  him  to  decide  whether  the  onerous  property  should  be  disclaimed  or  not;
and (b) a decision under clause (a) has not been taken by the bankruptcy trustee within seven days of receipt of the notice.

(2)  Any onerous  property  which  cannot  be  disclaimed  under  sub-section  (1)  shall  be  deemed  to  be part of the estate of the bankrupt.
Explanation.—For  the  purposes  of  this  section,  an  onerous property  is  said  to  be  disclaimed  where notice in relation to that property has been given by the bankruptcy trustee under section 160.

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