Eligibility for making an application.

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..... (1) A debtor, who is unable to pay his debt and fulfils the conditions specified in sub-section (2), shall be entitled to make an application for a fresh start for discharge of his qualifying debt u....

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....value of the qualifying debts does not exceed thirty-five thousand rupees; (d) he is not an undischarged bankrupt; (e) he does not own a dwelling unit, irrespective of whether it is encumbered or no....