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  1. Part 3

Part 3

Insolvency Resolution and Bankruptcy For Individuals and Partnership Firms

112 sections (78–187)

  • 78Application
  • 79Definitions
  • 80Eligibility for making an application
  • 81Application for fresh start order
  • 82Appointment of resolution professional
  • 83Examination of application by resolution professional
  • 84Admission or rejection of application by Adjudicating Authority
  • 85Effect of admission of application
  • 86Objections by creditor and their examination by resolution professional
  • 87Application against decision of resolution professional
  • 88General duties of debtor
  • 89Replacement of resolution professional
  • 90Directions for compliances of restrictions, etc
  • 91Revocation of order admitting application
  • 92Discharge order
  • 93Standard of conduct
  • 94Application by debtor to initiate insolvency resolution process
  • 95Application by creditor to initiate insolvency resolution process
  • 96Interim moratorium
  • 97Appointment of resolution professional
  • 98Replacement of resolution professional
  • 99Submission of report by resolution professional
  • 100Admission or rejection of application
  • 101Moratorium
  • 102Public notice and claims from creditors
  • 103Registering of claims by creditors
  • 104Preparation of list of creditors
  • 105Repayment plan
  • 106Report of resolution professional on repayment plan
  • 107Summoning of meeting of creditors
  • 108Conduct of meeting of creditors
  • 109Voting rights in meeting of creditors
  • 110Rights of secured creditors in relation to repayment plan
  • 111Approval of repayment plan by creditors
  • 112Report of meeting of creditors on repayment plan
  • 113Notice of decisions taken at meeting of creditors
  • 114Order of Adjudicating Authority on repayment plan
  • 115Effect of order of Adjudicating Authority on repayment plan
  • 116Implementation and supervision of repayment plan
  • 117Completion of repayment plan
  • 118Repayment plan coming to end prematurely
  • 119Discharge order
  • 120Standard of conduct
  • 121Application for bankruptcy
  • 122Application by debtor
  • 123Application by creditor
  • 124Effect of application
  • 125Appointment of insolvency professional as bankruptcy trustee
  • 126Bankruptcy order
  • 127Validity of bankruptcy order
  • 128Effect of bankruptcy order
  • 129Statement of financial position
  • 130Public notice inviting claims from creditors
  • 131Registration of claims
  • 132Preparation of list of creditors
  • 133Summoning of meeting of creditors
  • 134Conduct of meeting of creditors
  • 135Voting rights of creditors
  • 136Administration and distribution of estate of bankrupt
  • 137Completion of administration
  • 138Discharge order
  • 139Effect of discharge
  • 140Disqualification of bankrupt
  • 141Restrictions on bankrupt
  • 142Modification or recall of bankruptcy order
  • 143Standard of conduct
  • 144Fees of bankruptcy trustee
  • 145Replacement of bankruptcy trustee
  • 146Resignation by bankruptcy trustee
  • 147Vacancy in office of bankruptcy trustee
  • 148Release of bankruptcy trustee
  • 149Functions of bankruptcy trustee
  • 150Duties of bankrupt towards bankruptcy trustee
  • 151Rights of bankruptcy trustee
  • 152General powers of bankruptcy trustee
  • 153Approval of creditors for certain acts
  • 154Vesting of estate of bankrupt in bankruptcy trustee
  • 155Estate of bankrupt
  • 156Delivery of property and documents to bankruptcy trustee
  • 157Acquisition of control by bankruptcy trustee
  • 158Restrictions on disposition of property
  • 159After-acquired property of bankrupt
  • 160Onerous property of bankrupt
  • 161Notice to disclaim onerous property
  • 162Disclaimer of leaseholds
  • 163Challenge against disclaimed property
  • 164Undervalued transactions
  • 164ATransactions defrauding creditors
  • 165Preference transactions
  • 166Effect of order
  • 167Extortionate credit transactions
  • 168Obligation under contracts
  • 169Continuance of proceedings on death of bankrupt
  • 170Administration of estate of deceased bankrupt
  • 171Proof of debt
  • 172Proof of debt by secured creditors
  • 173Mutual credit and set-off
  • 174Distribution of interim dividend
  • 175Distribution of property
  • 176Final dividend
  • 177Claims of creditors
  • 178Priority of payment of debts
  • 179Adjudicating authority for individuals and partnership firms
  • 180Civil court not to have jurisdiction
  • 181Appeal to Debt Recovery Appellate Tribunal
  • 182Appeal to Supreme Court
  • 183Expeditious disposal of applications
  • 183APenalty for initiating frivolous or vexatious proceedings under Part III
  • 184Punishment for false information, etc., by creditor in insolvency resolution process
  • 185Punishment for contravention of provisions
  • 186Punishment for false information, concealment, etc., by bankrupt
  • 187Punishment for certain actions
Part 2Insolvency Resolution and Liquidation For Corporate PersonsPart 4Regulation of Insolvency Professionals, Agencies and Information Utilities