IBC 83 — Examination of application by resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The  resolution professional shall examine the application made under section 80 within ten days of his appointment, and submit a report to the Adjudicating Authority, either recommending acceptance or rejection of the application.
(2) The report referred to in sub-section (1) shall contain the details of the amounts mentioned in the application which in the opinion of the resolution professional are—
(a) qualifying debts; and (b) liabilities eligible for discharge under sub-section (3) of section 92.

(3)  The  resolution professional  may  call  for  such  further  information  or  explanation  in  connection with  the  application  as  may  be  required  from  the  debtor  or  any  other  person  who,  in  the  opinion  of  the resolution professional, may provide such information.
(4) The debtor or any other person, as the case may be, shall furnish such information or explanation within seven days of receipt of the request under sub-section (3).
(5) The resolution professional shall presume that the debtor is unable to pay his debts at the date of the application if—
(a) in his opinion the information supplied in the application indicates that the debtor is unable to pay his debts and he has no reason to believe that the information supplied is incorrect or incomplete;
and (b)  he  has  reason  to  believe  that  there  is  no  change  in  the  financial  circumstances  of  the  debtor since the date of the application enabling the debtor to pay his debts.
(6) The resolution professional shall reject the application, if in his opinion—
(a) the debtor does not satisfy the conditions specified under section 80; or (b) the debts disclosed in the application by the debtor are not qualifying debts; or (c) the debtor has deliberately made a false representation or omission in the application or with respect to the documents or information submitted.
(7) The resolution professional shall record the reasons for recommending the acceptance or rejection of the application in the report to the Adjudicating Authority under sub-section (1) and shall give a copy of the report to the debtor.

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