IBC 167 — Extortionate credit transactions

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Subject to  sub-section  (6),  on  an  application  by  the bankruptcy  trustee,  the  Adjudicating  Authority  may  make  an  order  under  this  section  in  respect  of extortionate credit transactions to which the bankrupt is or has been a party.
(2) The transactions under sub-section (1) should have  been entered into by the bankrupt during the period of two years ending on the bankruptcy commencement date.
(3) An order of the Adjudicating Authority may—
(a) set aside the whole or part of any debt created by the transaction;
(b) vary the terms of the transaction or vary the terms on which any security for the purposes of the transaction is held;
(c) require any person who has been paid by the bankrupt under any transaction, to pay a sum to the bankruptcy trustee;
(d) require any person to surrender to the bankruptcy trustee any property of the bankrupt held as security for the purposes of the transaction.
(4) Any sum paid or any property surrendered to the bankruptcy trustee shall be included in the estate of the bankrupt.
(5) For the purposes of this section, an extortionate credit transaction is a transaction for or involving the provision of credit to the bankrupt by any person—

(a) on terms requiring the bankrupt to make exorbitant payments in respect of the credit provided;
or (b) which is unconscionable under the principles of law relating to contracts.
(6)  Any  debt  extended  by  a  person  regulated  for  the  provision  of  financial  services  in  compliance with the law in force in relation to such debt, shall not be considered as an extortionate credit transaction under this section.

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