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Vijay Apte   20 January 2020

insolvancy

i was director of pvt ltd company at pune. company took unsecured loans from various banks. last 2 years company is NPA. hence no interest paid. Now all banks are filing cases under 138.
can i declare personal insolvancy & save myself going to jail???
i hv already lost everything cash / assets everything, so no property is on my name


Learning

 3 Replies

Sunil Nair   20 January 2020

As a corporate debtor, the company can file insolvency application before NCLT under section 10 of IBC.
As the company have only unsecured loans, operational creditor can file NCLT aplication under section 9 of IBC.
All criminal cases including section 138 will co tinue.
You cannot file personal insolvency application

Sunil Nair   20 January 2020

As a corporate debtor, the company can file insolvency application before NCLT under section 10 of IBC.
As the company have only unsecured loans, operational creditor can file NCLT aplication under section 9 of IBC.
All criminal cases including section 138 will co tinue.
You cannot file personal insolvency application

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 January 2020

1. Filing "insolvency proceedings" is for your civil liability. However cheque bounce case is a criminal liability and would not absolve you of the Criminal Liability.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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