IBC 175 — Distribution of property

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The bankruptcy trustee may, with the approval of the committee of  creditors,  divide  in  its  existing  form  amongst  the  creditors,  according  to  its  estimated  value,  any property  in  its  existing  form  which  from  its  peculiar  nature  or  other  special  circumstances  cannot  be readily or advantageously sold.

(2) An approval under sub-section (1) shall be sought by the bankruptcy trustee for each transaction, and  a  person  dealing  with  the  bankruptcy  trustee  in  good  faith  and  for  value  shall  not  be  required  to enquire whether any approval required under sub-section (1) has been given.
(3)  Where  the  bankruptcy  trustee  has  done  anything  without  the  approval  of  the  committee  of creditors, the committee may, for the purpose of enabling him to meet his expenses out of the estate of the bankrupt, ratify the act of the bankruptcy trustee.
(4)  The  committee  of  the  creditors  shall  not  ratify  the  act  of  the  bankruptcy  trustee  under sub-section (3) unless it is satisfied that the bankruptcy trustee acted in a case of urgency and has sought its ratification without undue delay.

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