Question
Who are the persons who are not eligible to make an
application for the initiation of the corporate insolvency resolution process under the IBC?Solution
Section 11-Persons not entitled to make application: The following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this Chapter, namely:ā (a) a corporate debtor undergoing a corporate insolvency resolution processĀ or a prepackaged insolvency resolution process; or (aa)Ā a financial creditor or an operational creditor of a corporate debtor undergoing a prepackaged insolvency resolution process; or (b) a corporate debtor having completed corporate insolvency resolution process twelve months preceding the date of making of the application; or (ba) a corporate debtor in respect of whom a resolution plan has been approved under Chapter III-A, twelve months preceding the date of making of the application; or (c) a corporate debtor or a financial creditor who has violated any of the terms of resolution plan which was approved twelve months before the date of making of an application under this Chapter; or (d) a corporate debtor in respect of whom a liquidation order has been made.
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