# The Insolvency and Bankruptcy Code, 2016, Section 11: Persons not entitled to make application

- Act: The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016)
- Ministry: Ministry of Corporate Affairs
- Source URL: https://indiacode.ecourtsindia.com/insolvency-bankruptcy-code-2016/section/11/

## Text

The following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this Chapter, namely:--- (a) a corporate debtor undergoing a corporate insolvency resolution process 1[ or a pre-packaged insolvency resolution process]; or 1[(aa) 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 1[(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. 2[Explanation I].--- For the purposes of this section, a corporate debtor includes a corporate applicant in respect of such corporate debtor. 3[Explanation II.--- For the purposes of this section, it is hereby clarified that nothing in this section shall prevent a corporate debtor referred to in clauses (a) to (d) from initiating corporate insolvency resolution process against another corporate debtor.]

---
Published by eCourtsIndia together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957.