IBC 99 — Submission of report by resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  resolution  professional  shall examine the application referred to in section 94 or section 95, as the case may be, within ten days of his appointment, and submit a report to the  Adjudicating Authority recommending for approval or rejection of the application.
(2) Where the application has been filed under section 95, the resolution professional may require the debtor to prove repayment of the debt claimed as unpaid by the creditor by furnishing—
(a) evidence of electronic transfer of the unpaid amount from the bank account of the debtor;
(b) evidence of encashment of a cheque issued by the debtor; or (c) a signed acknowledgment by the creditor accepting receipt of dues.
(3)  Where  the  debt  for  which  an  application  has  been  filed  by  a  creditor  is  registered  with  the information utility, the debtor shall not be entitled to dispute the validity of such debt.
(4)  For  the  purposes  of  examining  an  application, the  resolution professional  may  seek  such  further information or explanation in connection with the application as may be required from the debtor or the creditor  or  any  other  person  who,  in  the  opinion  of  the  resolution  professional,  may  provide  such information.
(5) The  person  from  whom  information  or  explanation  is  sought  under  sub-section  (4)  shall  furnish such information or explanation within seven days of receipt of the request.
(6) The resolution professional shall examine the application and ascertain that—
(a) the application satisfies the requirements set out in section 94 or 95;
(b)  the  applicant  has  provided  information  and  given  explanation  sought  by  the  resolution professional under sub-section (4).
(7)  After  examination  of  the  application  under  sub-section  (6),  he  may  recommend  acceptance  or rejection of the application in his report.

(8) Where the resolution professional finds that the debtor is eligible for a fresh start under Chapter II, the  resolution  professional  shall  submit  a  report  recommending  that  the  application  by  the  debtor  under section 94 be treated as an application under section 81 by the Adjudicating Authority.
(9) The resolution professional shall record the reasons for recommending the acceptance or rejection of the application in the report under sub-section (7).
(10) The resolution professional shall give a copy of the report under sub-section (7) to the debtor or the creditor, as the case may be.

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