IBC 171 — Proof of debt

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The bankruptcy trustee shall give  notice  to each  of the  creditors to submit proof of debt within fourteen days of preparing the list of creditors under section 132.
(2) The proof of debt shall—
(a) require the creditor to give full particulars of debt, including the date on which the debt was contracted and the value at which that person assesses it;
(b)  require  the  creditor  to  give  full  particulars  of  the  security,  including  the  date  on  which  the security was given and the value at which that person assesses it;
(c) be in such form and manner as may be prescribed.
(3) In case the creditor is a decree holder against the bankrupt, a copy of the decree shall be a valid proof of debt.

(4) Where a debt bears interest, that interest shall be provable as part of the debt except in so far as it is owed in respect of any period after the bankruptcy commencement date.
(5)  The  bankruptcy  trustee  shall  estimate  the  value  of  any  bankruptcy  debt  which  does  not  have  a specific value.
(6) The value assigned by the bankruptcy trustee under sub-section (5) shall be the amount provable by the concerned creditor.
(7) A creditor may prove  for a  debt where payment would have  become  due  at a  date  later than the bankruptcy commencement date  as if it were  owed  presently and  may  receive  dividends in a  manner as may be prescribed.
(8) Where  the  bankruptcy trustee serves a  notice under sub-section (1) and the  person  on whom the notice is served does not file a proof of security within thirty days after the date of service of the notice, the bankruptcy trustee may, with leave of the Adjudicating Authority, sell or dispose of any property that was subject to the security, free of that security.

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