Title: Procedure of Going With the Insolvency and Bankruptcy Code
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Procedure of Going With The Insolvency and
Bankruptcy Code https//www.ahlawatassociates.com
/area-of-practice/insolvency-and-bankruptcy/
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All the proceedings related to insolvency and
bankruptcy in India are processed according to
the insolvency and bankruptcy code of 2016. The
first provision that the act provides is for the
insolvency of the debtor.
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The first step here is to make the
application to NCLT, where you need to follow the
procedure and the format that has been prescribed
by the act itself.
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Issue
As the application is accepted by the board a
CRIT will be formed and that will be taking
charge of the company of the debtor or the
ventures if they are many in numbers. Here, you
will be guided well by the bankruptcy law lawyer
whom you will be appointing.
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The following things will not be possible by any
means
No transfer of asset No enforcement regarding
any security issue No recovery of property by
the owner No suspension of goods supply
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After the submission of the report from the CRIT,
a COC or a committee of the creditors will be
formed and they will be given the charge for 30
days for generating a report. After these 30
days, you can appoint bankruptcy law lawyer who
will be the professional dealing with the
resolution part.
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Procedure and Provision of Bankruptcy
Once the resolutions taken in the due course
fails, for any reasons that accomplish the
sections of insolvency and bankruptcy code, the
debtor finds the provision to go for the
bankruptcy provision to the jury.
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1. The application has to be made and that has
to be attached with the documents, which is in
accordance with the insolvency and bankruptcy
law. 2. Either the debtor or the creditor can
pay the fees that have been sentenced in the
provision of the act. 3. The declaration of
bankruptcy is usually made within 14 days from
the proceeding of the application. 4. The
trustee will also be following definite parts
that have been mentioned in the sections of the
bankruptcy and insolvency act, after which he can
be released from the job.
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Conclusion
This is the complete procedure and the provision
that has been mentioned in the bankruptcy law in
India for insolvency and bankruptcy. You can get
in touch with any of the bankruptcy law lawyers
for a detailed overview of the same. The complete
procedure needs to be finished within 180 days
and the deadline can be exceeded by a maximum of
90 days. Resource https//conceptbb.com/bankrupt
cy-code/
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