Declare bankruptcy Declare bankruptcy

4 years ago

I have any loans and no income now, therefore, I was to declare bankruptcy. How can I do that? And will banks stop calling and asking for money after that?

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You may go through following procedure.
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http://lawgyaan.in/faq-insolvency-bankruptcy-code-2016-ibc/

http://dpal.kar.nic.in/pdf_files/7%20of%201963%20(E).pdf

FAQ on Insolvency and Bankruptcy Code, 2016 (IBC)
FAQ on Insolvency and Bankruptcy Code, 2016 (IBC)
The motive behind these Frequently Asked Questions is to address the basic queries of the stakeholder (Companies, Individuals, Partnership Firms, CEO, MD, Directors, professionals, students) on the Insolvency and Bankruptcy Code, 2016.
Evolution, purpose of IBC and Authorities involved:
1. What is Insolvency and Bankruptcy Code, 2016? When does it come into force?
The Bankruptcy Law Reforms Committee designed a set of processes to resolve insolvency and bankruptcy and with the suggestions of various committees, professionals and general public, the Insolvency and Bankruptcy Code, 2016 (IBC) was enacted and came into force with effect from 28th May, 2016. However, the provisions on Corporate Insolvency Resolution Process under IBC have come into effect only from 1st December, 2016.
2. What’s the purpose of framing IBC?
It was framed with the intention to expedite & simplify the process of Insolvency and Bankruptcy proceedings in India, ensuring fair negotiations between Debtor and Creditor by removing the asymmetry of debt and default information.
3. How the process is said to be expedited?
The insolvency resolution process which would otherwise take ages to conclude, shall now be completed by the Adjudicating Authority within 180 days of making the application, unless extended for 90 more days as per the provisions of the Code
4. To whom IBC is applicable?
The provisions of the IBC, 2016 are applicable to Individuals, Unlimited Partnership Firms, Limited Liability Partnerships and Companies. The provisions relating to Corporate in the Code, i.e., Limited Liability Partnerships and Companies is notified and in force w.e.f. 1st December, 2016. The provisions related to Individuals and Unlimited Partnership Firms – the Part III of IBC, 2016 is yet to be notified.
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Mrighankhi Chakraborty

Responded 4 years ago

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A.Hello Client,
Firstly, You can Fill out bankruptcy forms and file a petition before court for yourself but before that, you have to determine eligibility.
There are three types of bankruptcy under which you can be considered eligible.
1. Chapter 7 bankruptcy
2. chapter 13 bankruptcy
3. Chapet 11 bankruptcy

Once the procedure for bankruptcy is complete, the court discharges you, allowing you to begin again financially and as a debt-free man.
So Yes, afterwards the bank will stop calling and ask for money once you complete the whole procedure.
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