IBC 92 — Discharge order

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  resolution  professional  shall  prepare  a final  list  of  qualifying  debts and  submit  such  list  to  the  Adjudicating  Authority  at  least  seven  days  before  the  moratorium  period comes to an end.
(2) The  Adjudicating Authority shall pass a  discharge order at the end  of the  moratorium period for discharge of the debtor from the qualifying debts mentioned in the list under sub-section (1).
(3) Without prejudice to the provisions of sub-section (2), the Adjudicating Authority shall discharge the debtor from the following liabilities, namely:—
(a)  penalties in  respect  of  the  qualifying  debts  from  the  date  of  application  till  the  date  of  the discharge order;
(b) interest including penal interest in respect of the qualifying debts from the date of application till the date of the discharge order; and (c)  any  other  sums  owed  under  any  contract  in  respect  of  the  qualifying  debts  from  the  date  of application till the date of the discharge order.
(4) The discharge order shall not discharge the debtor from any debt not included in sub-section (2) and from any liability not included under sub-section (3).
(5) The discharge order shall be forwarded to the Board for the purpose of recording an entry in the register referred to in section 196.
(6) A discharge order under sub-section (2) shall not discharge any other person from any liability in respect of the qualifying debts.

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