I am an individual in Kolkata unable to repay personal loans; can I file personal insolvency?
LE Asked by Legal Expert from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
Individuals and partnership firms can file for insolvency under the Insolvency and Bankruptcy Code, 2016 (Part III) before the Debt Recovery Tribunal in Kolkata, or under the Provincial Insolvency Act, 1920 in States where Part III is not notified. The debtor must show inability to pay debts, and on admission, a moratorium and resolution process begins. The order is appealable to the DRAT and Calcutta High Court on questions of law. West Bengal Premises Tenancy Act 1997 may still govern State insolvency rules where Part III is not notified. The process involves a resolution professional and a committee of creditors. Fresh start cases for low-income debtors have a simplified procedure. Discharge releases the debtor from prior debts on completion.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.