IBC · IBC · Chapter 5

Initiation of Corporate Insolvency Resolution Process (CIRP)

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Insolvency and Bankruptcy Code 2016 — Insolvency and Bankruptcy Code 2016.

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Q

What is the current minimum default threshold for initiating CIRP under Section 7 of IBC 2016?

A

The current minimum default threshold is Rupees one crore, enhanced from the original threshold of Rupees one lakh.

Q

What fee must a financial creditor pay when filing a Section 7 application under the Application to Adjudicating Authority Rules, 2016?

A

Rupees twenty-five thousand as prescribed filing fee.

Q

Who can file an application under Section 7 of IBC 2016 to initiate CIRP against a corporate debtor?

A

A financial creditor, either individually or jointly with other financial creditors, can file an application under Section 7 to initiate CIRP.

Q

What fee is prescribed for an operational creditor filing a CIRP application under the Application to Adjudicating Authority Rules, 2016?

A

Rupees two thousand as the prescribed filing fee.

Q

What is the only prerequisite for a financial creditor to initiate CIRP under Section 7(1) of IBC 2016?

A

The only prerequisite is that a default of not less than Rupees one crore must have occurred in repayment of the debt owed to the financial creditor.

Q

Under which section of IBC 2016 does a financial creditor initiate CIRP against a corporate debtor?

A

Section 7 of IBC 2016 empowers financial creditors to initiate CIRP.

Q

Under IBC 2016, which pre-existing trigger for insolvency did the Code expressly replace when it came into force?

A

The IBC replaced the pre-IBC trigger of erosion of net worth or NPA classification, substituting it with the single criterion of default in debt repayment.

Q

Under which section of IBC 2016 does an operational creditor initiate CIRP against a corporate debtor?

A

Section 9 of IBC 2016 empowers operational creditors to initiate CIRP.

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