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Answers
Please note that the Part of the Insolvency and Bankruptcy Code, 2016 dealing with Bankruptcy of the individual has not been notified yet.
Dear Sir,
You may follow the following procedure to get insolvency certificate:
============================================================================
The Insolvency And Bankruptcy Code, 2016 - Key Highlights
Dear Sir,
The provisions of Bankruptcy and insolvency Act may be used to get relevant certificate. The highlights of the Act are as follows followed by a link.
KEY HIGHLIGHTS
1. Corporate Debtors: Two-Stage Process
To initiate an insolvency process for corporate debtors, the default should be at least INR One Lakh (which limit may be increased up to INR One Lakh ) by the Government). The Code proposes two independent stages:
Insolvency Resolution Process, during which financial creditors assess whether the debtor's business is viable to continue and the options for its rescue and revival; and
Liquidation, if the insolvency resolution process fails or financial creditors decide to wind down and distribute the assets of the debtor.
(a) The Insolvency Resolution Process (IRP)
The IRP provides a collective mechanism to lenders to deal with the overall distressed position of a corporate debtor. This is a significant departure from the existing legal framework under which the primary onus to initiate a reorganisation process lies with the debtor, and lenders may pursue distinct actions for recovery, security enforcement and debt restructuring.
The Code envisages the following steps in the IRP:
(i) Commencement of the IRP
A financial creditor (for a defaulted financial debt) or an operational creditor (for an unpaid operational debt) can initiate an IRP against a corporate debtor at the National Company Law Tribunal (NCLT).
The defaulting corporate debtor, its shareholders or employees, may also initiate voluntary insolvency proceedings.
(ii) Moratorium
The NCLT orders a moratorium on the debtor's operations for the period of the IRP. This operates as a 'calm period' during which no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can take place against the debtor.
(iii) Appointment of Resolution Professional
The NCLT appoints an insolvency professional or 'Resolution Professional' to administer the IRP. The Resolution Professional's primary function is to take over the management of the corporate borrower and operate its business as a going concern under the broad directions of a committee of creditors. This is similar to the approach under the UK insolvency laws, but distinct from the "debtor in possession" approach under Chapter 11 of the US bankruptcy code. Under the US bankruptcy code, the debtor's management retains control while the bankruptcy professional only oversees the business in order to prevent asset stripping on the part of the promoters.
Therefore, the thrust of the Code is to allow a shift of control from the defaulting debtor's management to its creditors, where the creditors drive the business of the debtor with the Resolution Professional acting as their agent.
Part III of the Insolvency and Bankruptcy Code, 2016, deals with insolvency and bankruptcy of individuals and partnership firms.
According to a statement issued by IBBI on Tuesday, the draft rules and regulations have been submitted by a working group which was formed to recommend the strategy and approach for implementation of the provisions of the Insolvency and Bankruptcy Code, 2016, dealing with insolvency and bankruptcy in respect of guarantors to corporate debtors, i.e., personal guarantors, and individuals having businesses.
http://www.mondaq.com/india/x/492318/Insolvency+Bankruptcy/The+Insolvency+And+Bankruptcy+Code+2016+Key+Highlights
To
All Registered Insolvency Professionals
All Registered Insolvency Professional Agencies
(By mail to registered email addresses and on web site of the IBBI)
Dear Madam / Sir,
Sub: Fees payable to an insolvency professional and to other professionals appointed by an insolvency professional.
Section 206 of the Insolvency and Bankruptcy Code, 2016 (Code) provides that only a person registered as an insolvency professional with the Insolvency and Bankruptcy Board of India (IBBI) can render services as an insolvency professional under the Code. Section 23 read with section 5(27) of the Code requires that an insolvency professional, who is appointed as an interim resolution professional or a resolution professional, shall conduct the entire corporate insolvency resolution process, including fast track process. In terms of section 5(13) of the Code, ‘the fees payable to any person acting as a resolution professional’ is included in ‘insolvency resolution process cost’, which needs to be paid in priority.
2. The Code of Conduct for Insolvency Professionals under the IBBI (Insolvency Professionals) Regulations, 2016 require that an insolvency professional must provide services for remuneration which is charged in a transparent manner, and is a reasonable reflection of the work necessarily and properly undertaken. He shall not accept any fees or charges other than those which are disclosed to and approved by the persons fixing his remuneration.
3. In view of the above, it is clarified that an insolvency professional shall render services for a fee which is a reasonable reflection of his work, raise bills / invoices in his name towards such fees, and such fees shall be paid to his bank account. Any payment of fees for the services of an insolvency professional to any person other than the insolvency professional shall not form part of the insolvency resolution process cost.
4. Similarly, any other professional appointed by an insolvency professional shall raise bills / invoices in his / its (such as registered valuer) name towards such fees, and such fees shall be paid to his / its bank account.
5. This circular is issued in exercise of powers under section 196 read with section 208 of the Insolvency and Bankruptcy Code, 2016.
Yours faithfully,
-Sd-
Dear Sir Thank You so much for this information but i just wants to know that as a individual can i file for bankruptcy/insolvency because i am single and i don't have any company or any asset on my name.
wants-to-file-for-bankruptcy-1527349
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payment mode for a worker union to other person for legal aid
Agreement Validation
Mouse use of senior citizen law
My friend is not returning the money
My friend don't want to live with her husband anymore.
Illegal tappings of water connections in bldg premises
WATER ISSUE DUE TO HOTEL
ISSUE WITH NEIGHBOURS WHO ARE STAYING IN OPPOSITE FLAT IN OUR APARTMENT
I need divorce from my husband bcoz he mentally and emotionally torchers me.
HARASSEMENT BY PURCHASER
Legal property name change issue.
Fake allegations and fake report and police is asking for money to compromise.
Getting cheated by lover and lose all my savings
Onlinefraud
Sir i want to marry with my mother's cousin's girl does this sapinda reletionshi
sir my friend is of age 16 yrs he nowdays putting status of religion hate
Telangana
A legal notice on Credit card outstanding after 19 years
Maharashtra
i am ground floor resident want to build shed 20 x 5 ft in gallery,2 members alr
eviction of tenant
Maharashtra
Tamil Nadu
Delhi
Tenants refuse to vacate the house
Can i file a complaint?
Andhra Pradesh
Want to 3 years llb In marathi or hindi medium part time course in pune
Enceoahment on Agi land
Legal Heir certificate
Chandigarh
I hv given loan to frnd,he is nt paying EMI,i hv only bank statement for money t
Non licensed money lender giving mental tension
For whom the property will named after the death of wedo mother
School is not issue TC for my son
After quarell with my husband my in laws wants us to move to a different house
My fake signature on stamp paper for promise for marriage
I am a married woman. Is i have any right on father's house
Jaipur Rajasthan I have a issue related to my shop leave by landlord.
Colleges issues
Is it safe to buy resale MHADA flT in Malad,Mumbai?
Telangana
if FIR lodge against any person district magistrate will not verify character
தாத்தா சம்பாதித்து பாட்டியின் பெயரில் உள்ள சொத்து
dhara 143 dhakhil kharij
Telangana
Rented house problems
My naighbour disturbing bcuz of ac
Accident death as air bags failed to open up
Being personally based in Dubai, Can I advise my clients in India ?
Rwa
Legal Advise
TS Govt conducted SSA exam for contract jobs in 2019 still recruitment not
I need to make a will and one of the beneficiary is a charitable trust
Require refund from the banquet hall which was cancelled due to covid
107/116 what is this
Whther beta given on trip wise to drivers attract PF ?
No elected body is in control of my chs; no share certificate available;
One insted of other signature
Affidavit Stamp Fees for School Admission
My father's 84 and owns ancestors house in his late father's name house tax inc
Maharashtra
ANDHRA PRADESH
My mother did not receive any information regarding to sanction of family pensio
Gujarat
I am being mentally harassed by a professor and being threatened .
Builder used Unparliamentary Language
my grant douter nandani verma class 8th or nanya verma class 5th read in sprin
Uttar Pradesh
Hi i want to register rwa in greater noida on a freehold land society .how to do
i sign a cheque 36000 its disoner before 3 month and party now police complain
I dropped pf engineering but the college is refusing the give me back my origina
Is it okay to get an affidavit notarized in another state
Property dispute
Can I issue internship certificates if my company is not registered
Accedente case
Consequences for a college to face legally?
I want to cancel my engineering admission after 1st semester
Fraud in the name of admission
Uttar Pradesh
how to vacate the house
Sc st act का झूठा fir होने पर कैसे बचे।
West Bengal
Suicide committed by my tenant's wife in my detached House.What should I do now?
Noise Pollution In Residential Area From Needless, Continuous Honking
Defected cement my lentil starts seepage within one year what should i do ?How t
Government free funeral
What if someone show fake bank statement
how to get certifed copy of deed registered in 1951 at barasat adsr
My to be husband was in a live in relationship... For more than 6 years.. things
How can I get share in my parental house (both parents expired)
Police and a Corporator harassing me...
This is related to marriage. After creating intimacy, he is not accepting me
state bihar ke aaganwadi mapping panji me animmitta bartne ke sambandh me
Ex boyfriend is torturing me and my relatives. He is not ready to leave
Sir / Madam. A commercial property was bought in my son’s name in 2019, he is af
RAJASTHAN
Builder sell flat showing plan in agreement 580 Square feet carpet Bmc approved
Society secretary digged 10 feet ground floor godown for water storage for perso
my friend not return my money . money transfer by online banking how to get
Recovery certificate is pending with DRT & bank under sarfesi act kept house auc
Secretly recording the video of a patient harrasing me during treatment
How to follow up next steps after judgement is favourable to us.
Teanat leave at half of month, how much amount should he pay half rent or full
My sister was engaged for marriage now it is broken off by the groom side.
I need to change my DOB in my educational certificates (10th, 12th, UG and PG).
Suggestion regarding guardianship
What is IPC 107 section means and what are the charges in this?
my father expired due to my boss's negligency
Regarding education loan repayment
Property related
Uttarakhand
Delhi
Break marriage after engagement
Himachal Pradesh
Near Green supermarket
Sir I have concern about agriculture land
Advise regarding Bescom connection without OC
Kerala
Tamil Nadu
I have already a pending case in Dwarka court (498, through women cell).
Land issue
cheaque dishonour
Builder asking additionally amount after registration
Typing mistake in house sale deed.
Cheque bounce case
Gujarat
Delhi
I want to marry a guy of my own caste it's a love marriage we want to marry in c
NEW DELHI
I want to take divorce.. So I want some legal advices
The venture is 2675 but land is 2600 we are getting deficict of 75sqydswhom to
Bihar
Defaulter tenants now running away.
I want to ask about family pension
Gujarat
I HAVE A OLD OFFICE FOR WHICH NOC NOT RECD SINCE 2006, IS MAINTENANCE LEGITIMAT
Seller of flat refusing to give parking
So much dust from Carpenters
Our land is registered with x survey number but we are in position with y survey
Maharashtra
Maharashtra
Property
File complain against NGO
One of our neighbor occupied the Road which connects us to the main road.
My uncle stole my mother's phone and took out a video of my father's illness and
Our society is charging us extra money for parking
COLLEGE FEES PAID IN ADVANCE FOR ADMISSION BUT NOT TAKEN DUE TO HEALTH ISSUE LET
About raw road which is not getting permanent
Is bringing fruits for personal use from Shimla to Delhi in pvt. Car an offense
WHO ARE INCLUDED IN FAMILY DEFINATION AS PER LATEST LAW
Kerala
Andhra Pradesh
Hoshiarpur
Mere mom ka birth certificate nhi hai us case mai konsa document use kr sakte ha
Relative purchased a car on my name not ready to get it transferred
UTTAR PRADESH
About money fraud
Tamil Nadu
Himachal Pradesh
Gujarat
Uttarakhand
RAJASTHAN
Went to girl room naked
Just need someone to elaborate whats written below actually means.
Want to make agreement
West Bengal
I'm not a professional lawer can I fight my own case.
Uttar Pradesh
If I'm unable to file police complain can i file RTI Or complain on C. M. Portal
assam
What is the validity period of Distance Certificate, issued by PWD ?
Delhi
Love affair
Name change procedure please tell me sir
Tamil Nadu
Hi, can I park my scooty in front of my house?.
How I can get immediate sifting from one-town to other.
Want to know how can I take my Qualification certificates.
Judicial Career Advice
Transfer of spouse on compessionate Ground
To get own personal rights.
Can can fight my case by own I'm mot a lawer, I'm poor.
I want to run away from pg. Broke. Can't pay next month rent. Can he file police
To get own personal rights.
To get own personal rights.
I've university certified married recombinant latter. Need to make legalize by c
How to write citation for award winning.
To get own personal rights.
Madhya Pradesh
Gujarat
Dowry case
Haryana
Delhi
DELHI
Non payment of fees abroad
Owner tenant related
GUJARAT
Legal steps against interviewer for breaching right to equality.
I have been looking after my help shop for past 24 years and after my dad's de
Domestic violence
Gujarat
What can a citizen do to make the authorities decommission mullaperiyar dam
Got in trouble for posting a picture from my old school magazine. It had names.
Uttar Pradesh
Can sale agreement done between father in law and son in law
I don't want to be a guarrantor any more. What to do?
Sir I have taken a home loan from SBI in 2017. The home loan amount which was su
rental agreeement
I was caught drinking in a standby car in my colony.
Value of pati-patra
My mother in law has a land and she decided to give this land to her daughter an
Haryana
IN DHANI APP
I want to know how to start a women helpage group.
Flat house property tax issue
నేను అప్పుల పాలయ్యాను నాకు ప్రాణ హాని ఉంది అప్పులవాళ్ళు నాకు రోజు ఫోన్ చేసి ఇ చం
Tamilnadu
If the criminal is dead, will the anti-corruption case continue or close?
L & L agreement executed for 11 month from 18 Feb but Tanent not paying rent.
Andhra Pradesh
Near sanatan dharm mandir and mla house
Is issuing notice under surfaesi act by banks is freezed now?
Society is charging fine to tenant for keeping 20 ltr water bottles
Extra marital affair
West Bengal
What are duties and responsibility of distitrict colloector regarding issueing o
Select a State
Im a teacher and my student wants to file a case cuz im late to class
J&K Govt. advertised certain posts in December, 2020. I applied under EWS catego
Cheated by a Girl
Need to transfer Maternal house property
Maharashtra
Marriage without parents acceptance
OPP DPS SCHOOL
Sir, Me and my two sisters are being harassed and beaten by my brothers
poperty papers are in my fathers name and he has passed away and we are two bn
You I am ordering an electronic musical instrument online from a dealer from Ind
I'm 13 and my parents put this camera in my bedroom
Bank loan matter
I got a cheque of rupees 1 lakh which has been bounced, I would like to sue
Car accident claim
Without reason suspension
Police officer not tack my petition
Employment Issue
SBI credit card settlement dispute
Not getting the committee money back
Legal advice on agricultural land
Daughter in law have any rights to stop sale the ancestral property
MY AGRI LAND TOOK BY STATE GOVT FOR PAZAR TALAV VALUE PAID CAN I SELL ITI
KARNATAKA
i am planning to buy flat in bangalore the owner stays in us and his wife is vi
obtaining Schedule 1 details of a Charitable Trust
Tamil Nadu
Karnataka
Is it legal to buy international lottery online ?
Pita pi ker paitrik jamin ko bech rahe h .us per stay chahte h kya kre
I need concession on loan for closing the loan
Enrollment in Bar Council after LLM
I want to stop vehicle activity
Is giving court case threat to someone who fraud us will it make them scare ?
can i remove my wife's name from my house if the property is owned sharely
Maharashtra
Need information regarding legal notice and law
Sir muze aap se kuch help chahiye.
SRA property division for inherited property not happening
Building Tax approval
Domicile
What if a student take admission in two university simultaneously.
𝑴𝒚 𝒍𝒂𝒏𝒅 𝒔𝒐𝒎𝒆𝒐𝒏𝒆 𝒖𝒔𝒆 𝒇𝒐𝒓𝒄𝒆𝒇𝒖𝒍𝒍𝒚
My Late Father made nominee to his brother in saving bank account
Refund of Heavy deposit amount
Uttar Pradesh
Maharashtra
Illegal affairs
Tenant n leave n license
Hospital parking fee
What is the difference between residential plot Vs residential flat in EWS rese
Madhya pradesh
Neighbor Rearing chickens on terrace causing sound pollution & droppings hazard
Tamilnadu
Bank notice
Misbehaviour of a conductor in KSRTC bus
Uncle abused me emotionally and financially promising he ll pay back he didn'
can my general catogery daughter married with OBC can claim reservation in up
what is the legal rights in favour of woman at the time of Divorce.
I am separated, not divorced since 13 years. Want to change my Passport deatils
2 hisso ka makan hai ek bechna chahta hai or dusra bechna nhi bechna chahta hai
Rajasthan
charges for heavy deposit rental agreement
power of attorney versus gift deed
EWS certificate law
Name on DD is different from name of bank account. How to cash?
Matrimonial disputes
T.P.F. NOT CLOSED BY THE SHCOOL SINCE 1995.
West Bengal
ROAD SIDE SPACE
Karnataka
Distrubing Privacy
Uttar Pradesh
Police delayed to give me a non traceable certificate for my Missing vehicle
Parking issues in a new society
Money issue
Unable to find the details of first appellate officer of sdm
18+ ladki apni marzi se apne bf ke sath rehe sakti he
If someone scolding to children while children playing in common area.
Rajasthan
Mutual consent divorce
DELHI
Appeal against acquittal in 138 cheque bouncing case
Problem
Someone Edited My Picture Like I'm Married And Sent To My Fiancee / Lover.
Regarding dependant affidavit for quarter allocation
We would like to take my sisters daughter's baby girl for adoption. is possible?
daughter marriage 20 years.in case new marriage act what implication
Name change in marriage certificate
Assam
State
Non payment of credit card personal loan
Jharkhand
can the legate of the will being the executor of the will file probate
cheque bounce
Builder changed the master plan for rera registration than the advertised flats
Our tenants are not vacating the house
Rajasthan
Polygraph device purchase
RWA formation
CO-OP. HSG. SOCIETY FLAT TRANSFER ISSUE
Kerala
Need to check on my Probate case CTSL 467/2016 as no details are forthcoming o
Shop tenant has currently changed his business and given the place to franchise
Houseloan
2 saal se dukaan ka kiraya nh de raha aur nahi khali kar raha kiraya kese le
Birth certificate name change
13
Should I file index page and memo with writ petition while filing online?
my neighbor flat owner is not traceable from last 25yers
Karnataka
Payment to wrong a/c no, what is the solution if benificiary not keen to refund
updating property documents
Other
I have cried card default issues, they sent legal notice and collection persons
salary holding
Targetted harassment of superior officer in official meeting
Hi, My name is Vidya. I got married in 2008 n applied for divorce in 2015 march
RegardingProperty distribution
RegardingProperty distribution
My niece has a marital problem and wishes a divorce. How to proceed?
Parking lot location in sale deed
ASSAM
OBC creamy layer enquiry
Mene ek party ko mal credit par diyath
Need help regarding our rented shops
A 55 year old cheated us 2.25L
Want to update father's alias name with Legal name in all my document
Meri wife ko divorce nai chahiye phir bhi mere sasural vale force kar rahe hai
credit crisis
delivery stopped by association
Tamil Nadu
Bihar
I need free legal advise, i am in financial ciris, can not afford lawyer frees
My boyfriend promises me that he will marry me after divorce with his wife but r
Bank forfeiting 25% payment against the property still possessed by previous own
Regarding EWS Certificate
Karnataka
Legally change my date of birth in all documents
Jharkhand
A widow the only legal hair of a Room originaly taken by her father-in-law under
Sir,i want to file complaint against my brother who is gram kachahari sachiv
My question is: Does the UP Apartment Act and its model Bylaws permit that the
Is multi funding from banks illegal?
Disturbing environment due to neighbour
Rajasthan
Neighbor not allowing us to keep pet
Uttar Pradesh
Delhi
Andhra Pradesh
TAMIL NADU
Delhi
West Bengal
Maine kisi se 30000 liye the job lagvane k liye,usko return 18000 kr diye f,ir
Telangana
Sra mumbai- slum rehabilitation authority, annexure-ii query Read more at: http
Debt management advice required
is watching porn a crime?
Advice regarding ancestral property.
Mental peace
CAN AN INDIVIDUAL ORGANIZATION CONDUCT AND PROVIDE E CERTIFICATE FOR WEBINAR.
Fraud forged, cheating with blood relation
Card swiping charges
Karnataka
Need help regarding a fantasy sports App
Getting inputs from CBSE on the letter of request by school
membership issue for person acquired society tanament in auction
Jsk
emoloyee legal background verification
UTTARAKHAND
MAINTANANCE FROM WIVES
Prohibited photography of private property from public place
BH VEHICLE REGISTRATION IN TN. IS KERALA HIGH COURT ORDER VALID IN TAMILNADU
a person borrow amount under my mother's surety. now my mother getting trouble
a person borrow amount under my mother's surety. now my mother getting trouble
Registered POA
status is showing uncontested disposed
filing of writ petition
Wife file DV and mentanance against me
What to do if somebody threatens to kill you
i want my advance payment back
what can my husband do if i rent out flat jointly owned ( i have filed divorce)
company is not ready to return the stock in the termination of distributorship
Can I photocopy Govt. Library's REFERENCE BOOKS for personal use only
Want to understand what documents need to check before buying a flat
Selling a ST to a General caste
Haryana
Hi, I want to Draft one legal notice against the one society member
I have paid ₹60000 advance to the person for purchasing land and plant a trees.