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Ritwik Anand   14 October 2024

Regarding filling for insolvency

Hello,

I applied for personal loan(unsecured loan) and repaid emi till now, more than 3.5L still remaining. Secondly, I also have accured interest on Credit card and haven't paid(unable to pay) since last 3 months, with interest it has burgeoned to about 5L. 

Currently, I have no income source or assets to sell to offset the said amounts. Since the bank will likely begin law proccedings soon I assume can I file for individual insolvency? Do I need to do it since the loans are unsecured(no liability)? I live in Varanasi and there is no DRTs here so how to procced? I have tried with the bank to restructure my debts previously but denied every time. Now being completely broke I won't be able to pay them anyhow hence what are if any other solutions for me?

 

Regards

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     14 October 2024

If you are not able to repay the loans and defaulted the same, then the bank may sue you for recovery of the debts.

As the  disposal of suit may take at least one year, you will have breathing time, you can manage to gather money to repay the loan by then, if not then the law will take its own course of action as per provisions of law

Ritwik Anand   15 October 2024

Thank you for your time gentlemen. 

 

I wish and will try to pay off my debts as soon as I can but my query is what the bank can do when I don't have assets to sell? Does that mean I have to go to jail? Filling for insolvency is sole reason to not being implicated for the same. 

 

 

P. Venu (Advocate)     15 October 2024

There is, at present, no law inforce that a person could be sent to jail because he is in debt or he is unable to repay the loan. Law only provides for lodging a judgment-debtor in civil prison of he (women are exempted) does not satisfy the decree in spite having the capacity to pay the amount decreed. The expenses for lodging the JD is to be borne by the Decree Holder.

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