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Enjaami Events   19 November 2021

Can a Insolvent have bank account?

I filed Insolvency Petition in District court on 2020 December and even First hearing not happened due to covid situations and for first hearing counsel didn't represented and next hearing is on December 2021 only.

can I use my bank account for transaction?
can I apply for passport?
can I purchase life, health Insurance policy?
now am selling insurance policies and its commission am getting only in my bank account. can I continue that?
can I go for a monthly salary work?

becos even if I go for work everyone asking bank account for salary credit.

can anyone gimme correct information.?


Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     19 November 2021

Those that file insolvency petitions are not qualified to do some acts and the advocate you have engaged can guide you better.  In a court, waiting for a month is waiting for a minute for other work.   Have patience.

Anaita Vas   19 November 2021

Fisrt of all, an insolvent person is an individual who is not able to pay his/her debts or his liabilities cannot be covered by his/her assets. An individual who cannot pay his debts, can have insolvency proceedings initiated against him/her. A bank account must not be opened in the name of an insolvent person.  A lender can also submit an insolvency plea if a person is arrested or imprisoned for the purpose of enforcing a financial judgement and the credit is due now or in the long run. When a bank's client files an insolvency plea with the court, the bank must instantly cease paying the client's cheques, whether they are signed before or after the plea's date of filing. The relationship between the bank and the bankrupt client is rescinded once the client is proven in court to be insolvent. All of the insolvent individual's resources are vested in the Judicial Receiver/Official Assignee, who allocates (administers) the insolvent's resources to lenders according to the procedures outlined in the Presidency Towns Insolvency Act 1909/ Provisional Insolvency Act 1920. Furthermore, an individual can be insolvent but not bankrupt, however he/she cannot be declared bankrupt unless he/she is insolvent. 

 

Regards, 

Anaita Vas


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