Interim-moratorium in bankruptcy bars creditor action against debtor property once an application is filed. Interim-moratorium begins when an application is filed for bankruptcy of an individual or partnership firm and continues until the bankruptcy commencement date. During this period, pending legal action against the debtor's property in respect of debts is stayed, and creditors cannot initiate new proceedings against such property. In the case of a firm, the interim-moratorium applies against all partners as on the application date. The section excludes notified transactions and does not apply to applications for bankruptcy of a personal guarantor to a corporate debtor.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Interim-moratorium in bankruptcy bars creditor action against debtor property once an application is filed.
Interim-moratorium begins when an application is filed for bankruptcy of an individual or partnership firm and continues until the bankruptcy commencement date. During this period, pending legal action against the debtor's property in respect of debts is stayed, and creditors cannot initiate new proceedings against such property. In the case of a firm, the interim-moratorium applies against all partners as on the application date. The section excludes notified transactions and does not apply to applications for bankruptcy of a personal guarantor to a corporate debtor.
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