Debtor insolvency application defines eligibility and procedural limits, including partner joinder, excluded debts and refiling bar. A debtor who has committed a default may apply, personally or through a resolution professional, to the Adjudicating Authority to initiate the insolvency resolution process. Where the debtor is a partner in a firm, the application must be filed jointly by all or a majority of partners. Applications are permitted only for debts that are not excluded debts, must be in prescribed form and accompanied by prescribed fee, and are barred if the debtor is an undischarged bankrupt, undergoing a fresh start, insolvency resolution, bankruptcy process, or had an admitted application within the preceding twelve months.
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Debtor insolvency application defines eligibility and procedural limits, including partner joinder, excluded debts and refiling bar.
A debtor who has committed a default may apply, personally or through a resolution professional, to the Adjudicating Authority to initiate the insolvency resolution process. Where the debtor is a partner in a firm, the application must be filed jointly by all or a majority of partners. Applications are permitted only for debts that are not excluded debts, must be in prescribed form and accompanied by prescribed fee, and are barred if the debtor is an undischarged bankrupt, undergoing a fresh start, insolvency resolution, bankruptcy process, or had an admitted application within the preceding twelve months.
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