IBC 80 — Eligibility for making an application

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) A debtor, who is  unable to pay his  debt and fulfils the  conditions  specified  in  sub-section  (2),  shall  be  entitled  to  make  an  application  for  a  fresh  start  for discharge of his qualifying debt under this Chapter.
(2) A debtor may apply, either personally or through a resolution professional, for a fresh start under this Chapter in respect of his qualifying debts to the Adjudicating Authority if —
(a) the gross annual income of the debtor does not exceed sixty thousand rupees;
(b) the aggregate value of the assets of the debtor does not exceed twenty thousand rupees;
(c) the aggregate value of the qualifying debts does not exceed thirty-five thousand rupees;
(d) he is not an undischarged bankrupt;
(e) he does not own a dwelling unit, irrespective of whether it is encumbered or not;
(f)  a  fresh  start  process,  insolvency  resolution  process  or  bankruptcy  process  is  not  subsisting against him; and (g)  no  previous  fresh  start  order  under  this  Chapter  has  been  made  in  relation  to  him  in  the preceding twelve months of the date of the application for fresh start.

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