Bankruptcy and Insolvency Law

Dibrugarh University · LL.B. Semester 8 · B.A.,LL.B.: 8.5

Unit 1 — The Concept; Inability to pay debt:

1.1 Transfer of property to a third person for benefit of creditors, · 1.2 Transfer with intent to defeat the creditors, · 1.3 Fraudulent preference in transfer of property.

Unit 2 — Offence

2.1 Absconding with intent to defeat the creditors, · 2.2 Sale of property in execution of decree of court, · 2.3 Adjudication as insolvent.

Unit 3 — Insolvency Petition:

3.1 By creditor, by debtor · 3.2 Contents of the petition, admission, procedure.

Unit 4 — Duties of the Debtor and Interim Proceedings against the Debtor.

4.1 Insolvency and Bankruptcy code, 2016

Unit 5 — Order of Adjudication:

5.1 Effect, publication, · 5.2 Dismissal of petition filed by a creditor Referred cases: 1. Ellis & co‟s Trustee v. Dixon Johnson, 1924, (1) ch.342 2. Arjun Das v. MarchiaTELINI, I.L.R (1937) 1, CAL, 127 3. Ganapati v. Baliram, I.L.R, (1945) NAG,1009