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Dear Sir
I am in critical financial crisis since last year Sept 17, due to this I am unable to pay emi of personal loans & credit cards outstanding of approx 11 lacs for 5 different banks but in last month I have paid the dues of personal loans after settlement and unable to arrange credit cards dues so it's pending of amt. Rs. 6 lacs. Due to continued calls of collection agent I have changed mobile number and rented address and informed to collection agent that I have left my current job but office address is same as bank records. I want to settle the dues one by one from my salary only. Please help and advice me how to resolve it.
A. Dear client! You ask for extra time from the bank and if the bank gives you extra time, then pay the full amount within that given time. If the bank does not consider your additional time, then he will file a OA in the DRT then you will have to seek the help of a banking law practitioner (DRT/DART) for your case in the Tribunal. You can contact me in the context of your case.
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Will the other assets of the promoter other than the guaranteed assets to the corporate debtor under Insolvency and bankruptcy code 2016 be affected and can the lenders initiate suit on the other assets or properties of the promoter who is a guarantor to the corporate debtor ?
A. Personal Liability of the promoter when the Moratorium has been issued
Recently in the case of Schweitzer Systemtek vs. Phoenix ARC Limited3, the Mumbai bench of the NCLT was asked to adjudicate on the issue that whether the personal properties of the promoters which have been given as security to the bank/creditor come under the purview of the moratorium as envisaged under Section 14 of the Code or not. In this case, Dhanlaxmi Bank had lent Rs 4.5 crore to the company wherein the promoter had ...ReadMore
Recently in the case of Schweitzer Systemtek vs. Phoenix ARC Limited3, the Mumbai bench of the NCLT was asked to adjudicate on the issue that whether the personal properties of the promoters which have been given as security to the bank/creditor come under the purview of the moratorium as envisaged under Section 14 of the Code or not. In this case, Dhanlaxmi Bank had lent Rs 4.5 crore to the company wherein the promoter had ...ReadMore
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I have taken a car loan of amount 3 lac in the year 2015 November, i was continuously giving late emi in the year 2017 but i was paying emi within the month, during November 2017 i was having 2 emi bounced, unpaid, so company manager came to me and advised me to surrender your car with a reason that u have taken loan for somebody else on my name and he is now unable to pay the emi so i am surrendering my vehicle, and as per his advice i surrendered the vehicle to the company. and that manager told me that he will take care of everything nothings gonna happen. i was receiving letter from company about auctioning the vehicle and i informed each and every letter to that guy, but in April 2018 they sent me legal notice that car is been auctioned in 1.5 lacs and an amount of 74626 is pending due on you kindly submit this amount within 7 days or company will file a legal case on me. after that i went directly to companies office to ask that manager abut his next plan, but i came to know that he left the company 2 months back. i talked to the lawyer of the company there he told me to submit 25000 per month and complete the payment within 3 months, but i am unable to pay such amount i told him that i can pay 10000 per month to clear pending dues. but he ignored.
i want to know should i send a letter directly to head office legal lawyer from where i am receiving these letters for asking them why they have charged me 15000 for repossession if i have surrendered my vehicle by myself ? or is there any way to get rid of it ? please help me out. i will be very thankful.
A. Dear client! Please contact the DRT and request them that I will be able to give 10000 per month.
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Can husband and wife file for insolvency combined? In that case what will be the court fees?
A. I think no! It is unlikely that two legal person will be completely insolvency at the same time even if they are both husband and wife try to discuss with concern authorities.
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I wish to file for insolvency but do not have enough money to pay court fees. also, can I get free legal aid from Bombay High Court for insolvency
A. No. In money matters it never extend.Pauper application under CPC may be filed.
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My ancestoral property in which acc. To will of my grand father i hold half the share and my sister holds 1/4th and my father holds 1/4 th share was pledged in bank for loan without my notice, by my father when me and my sister were minors, now the cc limit has become NPA and bank is trying to get possession of my and my sister's property which my father had taken loan on without bringing to our notice i was 14 then and am now 20 and have applied for stay in court , what is the possible outcome of this case ?
Hello Team,
Ive taken personal loan on salary basis (unsecured) from bank.
Currently Im not working and looking for Job and unable to repay the debt.
Is it possible to file a bankruptcy. My main account is in negative and I do not own any asset.
My parent own house. If I file bankruptcy will it affect my parents as I'm not stayong with them anymore.
Hope to get the clarification as my parents getting harrased by third party collection.
A. dear client in your matter You can file for bankruptcy.
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Sir,I have a question, I am married since 20yrs ,but myself and my husband are separated since more 16yrs put up for divorce on court now only ,I was scared my children have advorse effect ,so waited for this many years , sir ,he is a business man,but loser ,lost all money, and taken loan from bank in high amount , making me also co-applicant ,now I am in crucial situation ,I can't rare children also properly he don't look after children since beginning ,they r with me ,I have a govt job , but not able fulfill any thing ,I don't get any loan because he is default er, and now bank have decided to capture the property and filed acase in court , since 5yrs ,this is continuing ,how I can withdraw myself from all these , neither the divorce case is moving ,nor the property is auctioned ,l PL guide me,what to do
A. dear client kindly consult for a proper advice as your matter needs lot of attention.
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Hi
My family has been bankrupt for quite some time now. We have been living in a big property which we thought would be a more convenient source of income if we rent it out, and rent in an apartment for half its price. Is this risky? Will the creditors take our original property while we are not living in it but are still dependent on it for income? What should we do, please advice?
A. dear client This case is not legally sustainable.
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If we come back India from UAE and have pending credit card dues to pay in Dubai, can they file case in India. Lost job and unable to pay, hence came back. Will collection agents harass us? Can they file case on us in India? Will we be liable legally? Please answer. Many thanks in advance.
A. dear client i will suggest you that kindly clear all dues of your credit card. it might be create legal issues and couses arrest .
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