A & D of the Estate of the Bankrupt (Sec. 149 - 178)

Administration & Distribution of the Estate of the Bankrupt
(Sec. 149 – 178)

Section 149 Functions of bankruptcy trustee

“The bankruptcy trustee shall perform the following functions in accordance with the provisions of this Chapter –

(a) investigate the affairs of the bankrupt;

(b) realise the estate of the bankrupt; and

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Section 150 Duties of bankrupt towards bankruptcy trustee

“(1) The bankrupt shall assist the bankruptcy trustee in carrying out his functions under this Chapter by –

(a) giving to the bankruptcy trustee the information of his affairs;

(b) attending on the bankruptcy trustee at such times as may be required;

(c) giving notice to the bankruptcy trustee of any of the following events which have occurred after the bankruptcy commencement

date, –

(i) acquisition of any property by the bankrupt;

(ii) devolution of any property upon the bankrupt;

(iii) increase in the income of the bankrupt;

(d) doing all other things as may be prescribed.

(2) The bankrupt shall give notice of the increase in income or acquisition or devolution of property under clause (c) of sub-section (1)

within seven days of such increase, acquisition or devolution.

(3) The bankrupt shall continue to discharge the duties under sub-section (1) other than the duties under clause (c) even after the

discharge under section 138.”

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Section 151 Rights of bankruptcy trustee

“For the purpose of performing his functions under this Chapter, the bankruptcy trustee may, by his official name –

(a) hold property of every description;

(b) make contracts;

(d) enter into engagements in respect of the estate of the bankrupt;

(e) employ persons to assist him; (f) execute any power of attorney, deed or other instrument; and

(g) do any other act which is necessary or expedient for the purposes of or in connection with the exercise of his rights”

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Section 152 General powers of bankruptcy trustee

“The bankruptcy trustee may while discharging his functions under this Chapter, –

(a) sell any part of the estate of the bankrupt;

(b) give receipts for any money received by him;

(d) where any property comprised in the estate of the bankrupt is held by any person by way of pledge or hypothecation, exercise the

right of redemption in respect of any such property subject to the relevant contract by giving notice to the said person;

(e) where any part of the estate of the bankrupt consists of securities in a company or any other property which is transferable in the

books of a person, exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if he

had not become bankrupt; and

(f) deal with any property comprised in the estate of the bankrupt to which the bankrupt is beneficially entitled in the same manner as

he might have dealt with it”

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Section 153 Approval of creditors for certain acts

“The bankruptcy trustee for the purposes of this Chapter may after procuring the approval of the committee of creditors, –

(a) carry on any business of the bankrupt as far as may be necessary for winding it up beneficially;

(b) bring, institute or defend any legal action or proceedings relating to the property comprised in the estate of the bankrupt;

(c) accept as consideration for the sale of any property a sum of money due at a future time subject to certain stipulations such as

security;

(d) mortgage or pledge any property for the purpose of raising money for the payment of the debts of the bankrupt;

(e) where any right, option or other power forms part of the estate of the bankrupt, make payments or incur liabilities with a view to

obtaining, for the benefit of the creditors, any property which is the subject of such right, option or power;

(f) refer to arbitration or compromise on such terms as may be agreed, any debts subsisting or supposed to subsist between the

bankrupt and any person who may have incurred any liability to the bankrupt;

(g) make compromise or other arrangement as may be considered expedient, with the creditors;

(h) make compromise or other arrangement as he may deem expedient with respect to any claim arising out of or incidental to the

bankrupt’s estate;

(i) appoint the bankrupt to –

(A) supervise the management of the estate of the bankrupt or any part of it;

(B) carry on his business for the benefit of his creditors;

Section 154 Vesting of estate of bankrupt in bankruptcy trustee

“(1) The estate of the bankrupt shall vest in the bankruptcy trustee immediately from the date of his appointment.

(2) The vesting under sub-section (1) shall take effect without any conveyance, assignment or transfer”

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Section 155 Estate of bankrupt

“(1) The estate of the bankrupt shall include, –

(a) all property belonging to or vested in the bankrupt at the bankruptcy commencement date;

(b) the capacity to exercise and to initiate proceedings for exercising all such powers in or over or in respect of property as might

have been exercised by the bankrupt for his own benefit at the bankruptcy commencement date or before the date of the discharge

order passed under section 138; and

(2) The estate of the bankrupt shall not include –

(a) excluded assets;

(b) property held by the bankrupt on trust for any other person;

(d)such assets as may be notified by the Central Government in consultation with any financial sector regulator”

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Section 156 Delivery of property and documents to bankruptcy trustee

“The bankrupt, his banker or agent or any other person having possession of any property, books, papers or other records which

bankruptcy trustee is required to take possession for the purposes of the bankruptcy process shall deliver the said property and

documents to the bankruptcy trustee.”

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Section 157 Acquisition of control by bankruptcy trustee

“(1) The bankruptcy trustee shall take possession and control of all property, books, papers and other records relating to the estate of

the bankrupt or affairs of the bankrupt which belong to him or are in his possession or under his control.

(2)Where any part of the estate of the bankrupt consists of things in actionable claims, they shall be deemed to have been assigned to

the bankruptcy trustee without any notice of the assignment.”

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Section 158 Restrictions on disposition of property

“(1) Any disposition of property made by the debtor, during the period between the date of filing of the application for bankruptcy and

the bankruptcy commencement date shall be void.

(2) Any disposition of property made under sub-section (1) shall not give rise to any right against any person, in respect of such property,

even if he has received such property before the bankruptcy commencement date in –

(a) good faith;

(b) for value; and

(3) For the purposes of this section, the term “property” means all the property of the debtor, whether or not it is comprised in the estate

of the bankrupt, but shall not include property held by the debtor in trust for any other person.”

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Section 159 After-acquired property of bankrupt

“(1) The bankruptcy trustee shall be entitled to claim for the estate of the bankrupt, any after-acquired property by giving a notice to the

bankrupt.

(2) A notice under sub-section (1) shall not be served in respect of –

(a) excluded assets, or

(b) any property which is acquired by or devolves upon the bankrupt after a discharge order is passed under section 138.

(3) The notice under sub-section (2) shall be given within fifteen days from the day on which the acquisition or devolution of the after

acquired property comes to the knowledge of the bankruptcy trustee.

(4) For the purposes of sub-section (3)-

(a) anything which comes to the knowledge of the bankruptcy trustee shall be deemed to have come to the knowledge of the

successor of the bankruptcy trustee at the same time; and

(b) anything which comes to the knowledge of a person before he is appointed as a bankruptcy trustee shall be deemed to have

come to his knowledge on the date of his appointment as bankruptcy trustee.

(5) The bankruptcy trustee shall not be entitled, by virtue of this section, to claim from any person who has acquired any right over after

acquired property, in good faith, for value and without notice of the bankruptcy.

(6) A notice may be served after the expiry of the period under sub-section (3) only with the approval of the Adjudicating Authority.

Explanation. – For the purposes of this section, the term “after-acquired property” means any property which has been acquired by or

has devolved upon the bankrupt after the bankruptcy commencement date”

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Section 160 Onerous property of bankrupt

“(1) The bankruptcy trustee may, by giving notice to the bankrupt or any person interested in the onerous property, disclaim any

onerous property which forms a part of the estate of the bankrupt.

(2) The bankruptcy trustee may give the notice under sub-section (1) notwithstanding that he has taken possession of the onerous

property, endeavoured to sell it or has exercised rights of ownership in relation to it.

(3) A notice of disclaimer under sub-section (1) shall –

(a) determine, as from the date of such notice, the rights, interests and liabilities of the bankrupt in respect of the onerous property

disclaimed;

(b) discharge the bankruptcy trustee from all personal liability in respect of the onerous property as from the date of appointment of

the bankruptcy trustee.

(4) A notice of disclaimer under sub-section (1) shall not be given in respect of the property which has been claimed for the estate of the

bankrupt under section 155 without the permission of the committee of creditors.

(5) A notice of disclaimer under sub-section (1) shall not affect the rights or liabilities of any other person, and any person who sustains a

loss or damage in consequence of the operation of a disclaimer under this section shall be deemed to be a creditor of the bankrupt to

the extent of the loss or damage.

Explanation. – For the purposes of this section, the term “onerous property” means –

(i) any unprofitable contract; and

(ii) any other property comprised in the estate of the bankrupt which is unsaleable or not readily saleable, or is such that it may give rise

to a claim”

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Section 161 Notice to disclaim onerous property

“(1) No notice of disclaimer under section 160 shall be necessary if –

(a) a person interested in the onerous property has applied in writing to the bankruptcy trustee or his predecessor requiring him to

decide whether the onerous property should be disclaimed or not; and

(b) a decision under clause (a) has not been taken by the bankruptcy trustee within seven days of receipt of the notice.

(2) Any onerous property which cannot be disclaimed under sub-section (1) shall be deemed to be part of the estate of the bankrupt.

Explanation. – For the purposes of this section, an onerous property is said to be disclaimed where notice in relation to that property has

been given by the bankruptcy trustee under section 160.”

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Section 162 Disclaimer of leaseholds

“(1) The bankruptcy trustee shall not be entitled to disclaim any leasehold interest, unless a notice of disclaimer has been served on

every interested person and –

(a) no application objecting to the disclaimer by the interested person, has been filed with respect to the leasehold interest, within

fourteen days of the date on which notice was served; and

(b) where the application objecting to the disclaimer has been filed by the interested person, the Adjudicating Authority has directed

under section 163 that the disclaimer shall take effect.

(2) Where the Adjudicating Authority gives a direction under clause (b) of sub-section (1), it may also make order with respect to fixtures,

improvements by tenant and other matters arising out of the lease as it may think fit.”

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Section 163 Challenge against disclaimed property

“(1) An application challenging the disclaimer may be made by the following persons under this section to the Adjudicating Authority-

(a) any person who claims an interest in the disclaimed property; or

(b) any person who is under any liability in respect of the disclaimed property; or

(c) where the disclaimed property is a dwelling house, any person who on the date of application for bankruptcy was in occupation

of or entitled to occupy that dwelling house.

(2) The Adjudicating Authority may on an application under sub-section (1) make an order for the vesting of the disclaimed property in,

or for its delivery to any of the persons mentioned in sub-section (1).

(3) The Adjudicating Authority shall not make an order in favour of a person who has made an application under clause (b) of

sub-section (1) except where it appears to the Adjudicating Authority that it would be just to do so for the purpose of compensating the

person.

(4) The effect of an order under this section shall be taken into account while assessing loss or damage sustained by any person in

consequence of the disclaimer under sub-section (5) of section 160.

(5) An order under sub-section (2) vesting property in any person need not be completed by any consequence, assignment or transfer.”

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Section 164 Undervalued transactions

“(1) The bankruptcy trustee may apply to the Adjudicating Authority for an order under this section in respect of an undervalued

transaction between a bankrupt and any person.

(2) The undervalued transaction referred to in sub-section (1) should have –

(a) been entered into during the period of two years ending on the filing of the application for bankruptcy; and

(b) caused bankruptcy process to be triggered.

(3) A transaction between a bankrupt and his associate entered into during the period of two years preceding the date of making of the

application for bankruptcy shall be deemed to be an undervalued transaction under this section.

(4) On the application of the bankruptcy trustee under sub-section (1), the Adjudicating Authority may –

(a) pass an order declaring an undervalued transaction void;

(b) pass an order requiring any property transferred as a part of an undervalued transaction to be vested with the bankruptcy trustee

as a part of the estate of the bankrupt; and (c) pass any other order it thinks fit for restoring the position to what it would have

been if the bankrupt had not entered into the undervalued transaction.

(5) The order under clause (a) of sub-section (4) shall not be passed if it is proved by the bankrupt that the transaction was undertaken in

the ordinary course of business of the bankrupt:

Provided that the provisions of this sub-section shall not be applicable to undervalued transaction entered into between a bankrupt and

his associate under sub-section (3) of this section.

(6) For the purposes of this section, a bankrupt enters into an undervalued transaction with any person if –

(a) he makes a gift to that person;

(b) no consideration has been received by that person from the bankrupt;

(d) it is for a consideration, the value of which in money or money’s worth is significantly less than the value in money or money’s

worth of the consideration provided by the bankrupt”

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Section 165 Preference transactions

“(1) The bankruptcy trustee may apply to the Adjudicating Authority for an order under this section if a bankrupt has given a preference

to any person.

(2) The transaction giving preference to an associate of the bankrupt under sub-section (1) should have been entered into by the

bankrupt with the associate during the period of two years ending on the date of the application for bankruptcy.

(3) Any transaction giving preference not covered under sub-section (2) should have been entered into by the bankrupt during the

period of six months ending on the date of the application for bankruptcy.

(4) The transaction giving preference under sub-section (2) or under sub-section (3) should have caused the bankruptcy process to be

triggered.

(5) On the application of the bankruptcy trustee under sub-section (1), the Adjudicating Authority may –

(a) pass an order declaring a transaction giving preference void;

(b) pass an order requiring any property transferred in respect of a transaction giving preference to be vested with the bankruptcy

trustee as a part of the estate of the bankrupt; and

(c) pass any other order it thinks fit for restoring the position to what it would have been if the bankrupt had not entered into the

transaction giving preference.

(6) The Adjudicating Authority shall not pass an order under sub-section (5) unless the bankrupt was influenced in his decision of giving

preference to a person by a desire to produce in relation to that person an effect under clause (b) of sub-section (8).

(7) For the purpose of sub-section (6), if the person is an associate of the bankrupt, (otherwise than by reason only of being his

employee), at the time when the preference was given, it shall be presumed that the bankrupt was influenced in his decision under that

subsection.

(8) For the purposes of this section, a bankrupt shall be deemed to have entered into a transaction giving preference to any person if –

(a) the person is the creditor or surety or guarantor for any debt of the bankrupt; and

(b) the bankrupt does anything or suffers anything to be done which has the effect of putting that person into a position which, in the

event of the debtor becoming a bankrupt, will be better than the position he would have been in, if that thing had not been done.”

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Section 166 Effect of order

“(1) Subject to the provision of sub-section (2), an order passed by the Adjudicating Authority under section 164 or section 165 shall not, –

(a) give rise to a right against a person interested in the property which was acquired in an undervalued transaction or a transaction

giving preference, whether or not he is the person with whom the bankrupt entered into such transaction; and

(b) require any person to pay a sum to the bankruptcy trustee in respect of the benefit received from the undervalued transaction or

a transaction giving preference, whether or not he is the person with whom the bankrupt entered into such transaction.

(2) The provision of sub-section (1) shall apply only if the interest was acquired or the benefit was received –

(a) in good faith;

(b) for value;

(d) without notice that the bankrupt has filed an application for bankruptcy or a bankruptcy order has been passed; and (e) by any

person who at the time of acquiring the interest or receiving the benefit was not an associate of the bankrupt.

(3) Any sum required to be paid to the bankruptcy trustee under sub-section (1) shall be included in the estate of the bankrupt”

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Section 167 Extortionate credit transactions

“(1) Subject to sub-section (6), on an application by the bankruptcy trustee, the Adjudicating Authority may make an order under this

section in respect of extortionate credit transactions to which the bankrupt is or has been a party.

(2) The transactions under sub-section (1) should have been entered into by the bankrupt during the period of two years ending on the

bankruptcy commencement date.

(3) An order of the Adjudicating Authority may –

(a) set aside the whole or part of any debt created by the transaction;

(b) vary the terms of the transaction or vary the terms on which any security for the purposes of the transaction is held;

(d) require any person to surrender to the bankruptcy trustee any property of the bankrupt held as security for the purposes of the

transaction.

(4) Any sum paid or any property surrendered to the bankruptcy trustee shall be included in the estate of the bankrupt.

(5) For the purposes of this section, an extortionate credit transaction is a transaction for or involving the provision of credit to the

bankrupt by any person-

(a) on terms requiring the bankrupt to make exorbitant payments in respect of the credit provided; or

(b) which is unconscionable under the principles of law relating to contracts.

(6) Any debt extended by a person regulated for the provision of financial services in compliance with the law in force in relation to such

debt, shall not be considered as an extortionate credit transaction under this section”

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Section 168 Obligations under contracts

“(1) This section shall apply where a contract has been entered into by the bankrupt with a person before the bankruptcy

commencement date.

(2) Any party to a contract, other than the bankrupt under sub-section (1), may apply to the Adjudicating Authority for –

(a) an order discharging the obligations of the applicant or the bankrupt under the contract; and

(b) payment of damages by the party or the bankrupt, for non-performance of the contract or otherwise.

(3) Any damages payable by the bankrupt by virtue of an order under clause (b) of subsection (2) shall be provable as bankruptcy debt.

(4) When a bankrupt is a party to the contract under this section jointly with another person, that person may sue or be sued in respect

of the contract without joinder of the bankrupt.”

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Section 169 Continuance of proceedings on death of bankrupt

If a bankrupt dies, the bankruptcy proceedings shall, continue as if he were alive.

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Section 170 Administration of estate of deceased bankrupt

“(1) All the provisions of Chapter V relating to the administration and distribution of the estate of the bankrupt shall, so far as the same

are applicable, apply to the administration of the estate of a deceased bankrupt.

(2) While administering the estate of a deceased bankrupt, the bankruptcy trustee shall have regard to the claims by the legal

representative of the deceased bankrupt to payment of the proper funeral and testamentary expenses incurred by them.

(3) The claims under sub-section (2) shall rank equally to the secured creditors in the priority provided under section 178.

(4) If, on the administration of the estate of a deceased bankrupt, any surplus remains in the hands of the bankruptcy trustee after

payment in full of all the debts due from the deceased bankrupt, together with the costs of the administration and interest as provided

under section 178, such surplus shall be paid to the legal representatives of the estate of the deceased bankrupt or dealt with in such

manner as may be prescribed.”

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Section 171 Proof of debt

“(1) The bankruptcy trustee shall give notice to each of the creditors to submit proof of debt within fourteen days of preparing the list of

creditors under section 132.

(2) The proof of debt shall –

(a) require the creditor to give full particulars of debt, including the date on which the debt was contracted and the value at which

that person assesses it;

(b) require the creditor to give full particulars of the security, including the date on which the security was given and the value at

which that person assesses it;

(3) In case the creditor is a decree holder against the bankrupt, a copy of the decree shall be a valid proof of debt.

(4) Where a debt bears interest, that interest shall be provable as part of the debt except in so far as it is owed in respect of any period

after the bankruptcy commencement date.

(5) The bankruptcy trustee shall estimate the value of any bankruptcy debt which does not have a specific value.

(6) The value assigned by the bankruptcy trustee under sub-section (5) shall be the amount provable by the concerned creditor.

(7)A creditor may prove for a debt where payment would have become due at a date later than the bankruptcy commencement date as

if it were owed presently and may receive dividends in a manner as may be prescribed.

(8) Where the bankruptcy trustee serves a notice under sub-section (1) and the person on whom the notice is served does not file a

proof of security within thirty days after the date of service of the notice, the bankruptcy trustee may, with leave of the Adjudicating

Authority, sell or dispose of any property that was subject to the security, free of that security.”

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Section 172 Proof of debt by secured creditors

“(1) Where a secured creditor realises his security, he may produce proof of the balance due to him.

(2) Where a secured creditor surrenders his security to the bankruptcy trustee for the general benefit of the creditors, he may produce

proof of his whole claim”

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Section 173 Mutual credit and set-off

“(1) Where before the bankruptcy commencement date, there have been mutual dealings between the bankrupt and any creditor, the

bankruptcy trustee shall –

(a) take an account of what is due from each party to the other in respect of the mutual dealings and the sums due from one party

shall be set off against the sums due from the other; and

(b) only the balance shall be provable as a bankruptcy debt or as the amount payable to the bankruptcy trustee as part of the estate

of the bankrupt.

(2) Sums due from the bankrupt to another party shall not be included in the account taken by the bankruptcy trustee under

sub-section (1), if that other party had notice at the time they became due that an application for bankruptcy relating to the bankrupt

was pending.”

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Section 174 Distribution of interim dividend

“(1) Whenever the bankruptcy trustee has sufficient funds in his hand, he may declare and distribute interim dividend among the

creditors in respect of the bankruptcy debts which they have respectively proved.

(2) Where the bankruptcy trustee has declared any interim dividend, he shall give notice of such dividend and the manner in which it is

proposed to be distributed.

(3) In the calculation and distribution of the interim dividend, the bankruptcy trustee shall make provision for –

(a) any bankruptcy debts which appear to him to be due to persons who, by reason of the distance of their place of residence, may

not have had sufficient time to tender and establish their debts; and

(b) any bankruptcy debts which are subject of claims which have not yet been determined;

(d) expenses necessary for the administration of the estate of the bankrupt”

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Section 175 Distribution of property

“(1) The bankruptcy trustee may, with the approval of the committee of creditors, divide in its existing form amongst the creditors,

according to its estimated value, any property in its existing form which from its peculiar nature or other special circumstances cannot

be readily or advantageously sold.

(2) An approval under sub-section (1) shall be sought by the bankruptcy trustee for each transaction, and a person dealing with the

bankruptcy trustee in good faith and for value shall not be required to enquire whether any approval required under sub-section (1) has

been given.

(3) Where the bankruptcy trustee has done anything without the approval of the committee of creditors, the committee may, for the

purpose of enabling him to meet his expenses out of the estate of the bankrupt, ratify the act of the bankruptcy trustee.

(4) The committee of the creditors shall not ratify the act of the bankruptcy trustee under sub-section (3) unless it is satisfied that the

bankruptcy trustee acted in a case of urgency and has sought its ratification without undue delay.”

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Section 176 Final dividend

“(1) Where the bankruptcy trustee has realised the entire estate of the bankrupt or so much of it as could be realised in the opinion of

the bankruptcy trustee, he shall give notice –

(a) of his intention to declare a final dividend; or

(b) that no dividend or further dividend shall be declared.

(2) The notice under sub-section (1) shall contain such particulars as may be prescribed and shall require all claims against the estate of

the bankrupt to be established by a final date specified in the notice.

(3) The Adjudicating Authority may, on the application of any person interested in the administration of the estate of the bankrupt,

postpone the final date referred to in sub-section (2).

(4) After the final date referred to in sub-section (2), the bankruptcy trustee shall –

(a) defray any outstanding expenses of the bankruptcy out of the estate of the bankrupt; and

(b) if he intends to declare a final dividend, declare and distribute that dividend among the creditors who have proved their debts,

without regard to the claims of any other persons.

(5) If a surplus remains after payment in full with interest to all the creditors of the bankrupt and the payment of the expenses of the

bankruptcy, the bankrupt shall be entitled to the surplus.

(6) Where a bankruptcy order has been passed in respect of one partner in a firm, a creditor to whom the bankrupt is indebted jointly

with the other partners in the firm or any of them shall not receive any dividend out of the separate property of the bankrupt until all

the separate creditors have received the full amount of their respective debts”

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Section 177 Claims of creditors

“(1) A creditor who has not proved his debt before the declaration of any dividend is not entitled to disturb, by reason that he has not

participated in it, the distribution of that dividend or any other dividend declared before his debt was proved, but –

(a) when he has proved the debt, he shall be entitled to be paid any dividend or dividends which he has failed to receive, out of any

money for the time being available for the payment of any further dividend; and

(b) any dividend or dividends payable to him shall be paid before that money is applied to the payment of any such further dividend.

(2) No action shall lie against the bankruptcy trustee for a dividend, but if the bankruptcy trustee refuses to pay a dividend payable

under sub-section (1), the Adjudicating Authority may order him to –

(a) pay the dividend; and

(b) pay, out of his own money –

(i) interest on the dividend; and

(ii) the costs of the proceedings in which the order to pay has been made.”

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Section 178 Priority of payment of debts

“(1) Notwithstanding anything to the contrary contained in any law enacted by the Parliament or the State Legislature for the time being

in force, in the distribution of the final dividend, the following debts shall be paid in priority to all other debts —

(a) firstly, the costs and expenses incurred by the bankruptcy trustee for the bankruptcy process in full;

(b) secondly, –

(i) the workmen’s dues for the period of twenty-four months preceding the bankruptcy commencement date; and

(ii) debts owed to secured creditors

(c) thirdly, wages and any unpaid dues owed to employees, other than workmen, of the bankrupt for the period of twelve months

preceding the bankruptcy commencement date;

(d) fourthly, any amount due to the Central Government and the State Government including the amount to be received on account

of Consolidated Fund of India and the Consolidated Fund of a State, if any, in respect of the whole or any part of the period

of two years preceding the bankruptcy commencement date;

(e) lastly, all other debts and dues owed by the bankrupt including unsecured debts.

(2) The debts in each class specified in sub-section (1) shall rank in the order mentioned in that sub-section but debts of the same class

shall rank equally amongst themselves, and shall be paid in full, unless the estate of the bankrupt is insufficient to meet them, in which

case they shall abate in equal proportions between themselves.

(3) Where any creditor has given any indemnity or has made any payment of moneys by virtue of which any asset of the bankrupt has

been recovered, protected or preserved, the Adjudicating Authority may make such order as it thinks just with respect to the

distribution of such asset with a view to giving that creditor an advantage over other creditors in consideration of the risks taken by him

in so doing.

(4) Unsecured creditors shall rank equally amongst themselves unless contractually agreed to the contrary by such creditors.

(5) Any surplus remaining after the payment of the debts under sub-section (1) shall be applied in paying interest on those debts in

respect of the periods during which they have been outstanding since the bankruptcy commencement date.

(6) Interest payments under sub-section (5) shall rank equally irrespective of the nature of the debt.

(7) In the case of partners, the partnership property shall be applicable in the first instance in payment of the partnership debts and the

separate property of each partner shall be applicable in the first instance in payment of his separate debts.

(8) Where there is a surplus of the separate property of the partners, it shall be dealt with as part of the partnership property; and where

there is a surplus of the partnership property, it shall be dealt with as part of the respective separate property in proportion to the rights

and interests of each partner in the partnership property.”

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Administration & Distribution of the Estate of the Bankrupt (Sec. 149 – 178)

Administration & Distribution of the Estate of the Bankrupt
(Sec. 149 – 178)