IBC 94 — Application by debtor to initiate insolvency resolution process

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) A debtor who commits a default  may  apply,  either  personally  or  through  a  resolution  professional,  to  the  Adjudicating  Authority for initiating the insolvency resolution process, by submitting an application.
(2)  Where  the  debtor  is  a  partner  of  a  firm,  such  debtor  shall  not  apply  under  this  Chapter  to  the Adjudicating Authority in respect of the firm unless all or a  majority of the  partners  of the  firm file  the application jointly.

(3)  An  application under  sub-section  (1)  shall  be  submitted  only  in  respect  of  debts  which  are  not excluded debts.
(4) A debtor shall not be entitled to make an application under sub-section (1) if he is—
(a) an undischarged bankrupt;
(b) undergoing a fresh start process;
(c) undergoing an insolvency resolution process; or (d) undergoing a bankruptcy process.
(5) A debtor shall not be eligible to apply under sub-section (1) if an application under this  Chapter has  been  admitted  in  respect  of  the  debtor  during  the  period  of  twelve  months  preceding  the  date  of submission of the application under this section.
(6) The application referred to in sub-section (1) shall be in such form and manner and accompanied with such fee as may be prescribed.

Back to IBC