Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 Chapter V REALISATION OF ASSETS
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Disclaimer of onerous property requires prior notice and time-limited application for interested persons to challenge. The bankruptcy trustee must notify the bankrupt and persons interested at least seven days before serving a disclaimer notice under section 160, ... Summary
Disclaimer of onerous property requires prior notice and time-limited application for interested persons to challenge.
The bankruptcy trustee must notify the bankrupt and persons interested at least seven days before serving a disclaimer notice under section 160, specifying the intention to disclaim, particulars of the property, and details of interested persons. The formal notice under section 160 must be filed with the Adjudicating Authority within three days of service. An application under section 163 must be made within thirty days of awareness of the disclaimer or from the date of the section 160 notice, and a person interested includes claimants, those under liability, and dwelling occupiers.
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