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Section 161 - Insolvency and Bankruptcy Code Act, 2016
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.
Related Sections
- Section 99: Submission of report by resolution professional
- Section 80: Eligibility for making an application
- Section 123: Application by creditor
- Section 199: No person to function as insolvency professional agency without valid certificate of registration
- Section 20: Management of operations of corporate debtor as going concern