IBC 86 — Objections by creditor and their examination by resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Any  creditor mentioned in the order of the Adjudicating Authority under section 84 to whom a qualifying debt is owed may, within a period of ten days from the date of receipt of the order under section 84, object only on the following grounds, namely:—
(a) inclusion of a debt as a qualifying debt; or (b) incorrectness of the details of the qualifying debt specified in the order under section 84.
(2) A creditor may file an objection under sub-section (1) by way of an application to the resolution professional.
(3) The  application  under sub-section  (2)  shall  be  supported  by  such  information  and  documents  as may be prescribed.
(4) The resolution professional shall consider every objection made under this section.
(5) The resolution professional shall examine the objections under sub-section (2) and either accept or reject the objections, within ten days of the date of the application.
(6)  The  resolution  professional  may  examine  any  matter  that  appears  to  him  to  be  relevant  to  the making of a final list of qualifying debts for the purposes of section 92.
(7)  On  the  basis  of  the  examination  under  sub-section  (5)  or  sub-section  (6),  the  resolution professional shall—
(a) prepare an amended list of qualifying debts for the purpose of the discharge order;
(b) make an application to the Adjudicating Authority for directions under section 90; or (c) take such other steps as he considers necessary in relation to the debtor.

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