IBC 176 — Final dividend

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Where the bankruptcy trustee has realised the entire estate of the bankrupt or so much of it as could be realised in the opinion of the bankruptcy trustee, he shall give notice—
(a) of his intention to declare a final dividend; or (b) that no dividend or further dividend shall be declared.
(2)  The  notice  under  sub-section  (1)  shall  contain  such  particulars  as  may  be  prescribed  and  shall require all claims against the estate of the bankrupt to be established by a final date specified in the notice.
(3) The Adjudicating Authority may, on the application of any person interested in the administration of the estate of the bankrupt, postpone the final date referred to in sub-section (2).
(4) After the final date referred to in sub-section (2), the bankruptcy trustee shall—
(a) defray any outstanding expenses of the bankruptcy out of the estate of the bankrupt; and (b)  if  he  intends  to  declare  a  final  dividend,  declare  and  distribute  that  dividend  among  the creditors who have proved their debts, without regard to the claims of any other persons.
(5) If a surplus remains after payment in full with interest to all the creditors of the bankrupt and the payment of the expenses of the bankruptcy, the bankrupt shall be entitled to the surplus.
(6) Where a bankruptcy order has been passed in respect of one partner in a firm, a creditor to whom the  bankrupt  is  indebted  jointly  with  the  other  partners  in  the  firm  or  any  of  them  shall  not receive  any dividend out of the separate property of the bankrupt until all the separate creditors have received the full amount of their respective debts.

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