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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Mode of sale: auction preferred, private sale narrowly permitted, and purchaser restrictions with anti-collusion reporting required. Mode of sale requires the bankruptcy trustee to ordinarily sell a bankrupt's assets by public auction as per Schedule II; private sale is permitted only if the asset is perishable, its value would significantly deteriorate if delayed, or the private selling price exceeds the reserve price of a failed auction. Certain persons-including the trustee and related professionals, creditors and their associates, and companies promoted by the bankrupt or a creditor-may not acquire interests without Adjudicating Authority permission. The trustee must halt sales on reasonable belief of collusion among buyers, the bankrupt, creditors, their associates, the corporate debtor, or related parties, and report such belief to the Adjudicating Authority.
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.
Mode of sale: auction preferred, private sale narrowly permitted, and purchaser restrictions with anti-collusion reporting required.
Mode of sale requires the bankruptcy trustee to ordinarily sell a bankrupt's assets by public auction as per Schedule II; private sale is permitted only if the asset is perishable, its value would significantly deteriorate if delayed, or the private selling price exceeds the reserve price of a failed auction. Certain persons-including the trustee and related professionals, creditors and their associates, and companies promoted by the bankrupt or a creditor-may not acquire interests without Adjudicating Authority permission. The trustee must halt sales on reasonable belief of collusion among buyers, the bankrupt, creditors, their associates, the corporate debtor, or related parties, and report such belief to the Adjudicating Authority.
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