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Section122
The Insolvency and Bankruptcy Code, 2016

Application by debtor

In force Act 31 of 2016 As on 17 Oct 2026

Act 31 of 2016 Ministry Corporate Affairs Enacted 28 May 2016 Cited by 5 provisions Instruments 2

Section 122 of the Insolvency and Bankruptcy Code, 2016 deals with application by debtor. The application for bankruptcy by the debtor shall be accompanied by— (a) the records of insolvency resolution process undertaken under Chapter III of Part III; The Act was enacted on 28 May 2016.

(1) The application for bankruptcy by the debtor shall be accompanied by—

(a) the records of insolvency resolution process undertaken under Chapter III of Part III;

(b) the statement of affairs of the debtor in such form and manner as may be prescribed, on the date of the application for bankruptcy; and

(c) a copy of the order passed by the Adjudicating Authority under Chapter III of Part III permitting the debtor to apply for bankruptcy.

(2) The debtor may propose an insolvency professional as the bankruptcy trustee in the application for bankruptcy.

(3) The application referred to in sub-section (1) shall be in such form and manner and accompanied by such fee as may be prescribed.

(4) An application for bankruptcy by the debtor shall not be withdrawn without the leave of the Adjudicating Authority.

Section 122, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 5

  1. s. 124 Effect of application
  2. s. 125 Appointment of insolvency professional as bankruptcy trustee
  3. s. 130 Public notice inviting claims from creditors
  4. s. 186 Punishment for false information, concealment, etc., by bankrupt
  5. s. 239 Power to make rules

Made under this section, and citing it

2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 122

What does Section 122 of the Insolvency and Bankruptcy Code deal with?

Section 122 of the Insolvency and Bankruptcy Code is headed "Application by debtor". The application for bankruptcy by the debtor shall be accompanied by— (a) the records of insolvency resolution process undertaken under Chapter III of Part III;

How do I find court cases under Section 122 of the Insolvency and Bankruptcy Code?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 122, section 122 Insolvency and Bankruptcy Code, section 122 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 122 of the Insolvency and Bankruptcy Code, and has it changed?

5 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantors to Corporate Debtors) Rules, 2019 dated 15.11.2019 (2019), then Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (2019).

When was Section 122 of the Insolvency and Bankruptcy Code enacted?

Section 122 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 122, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.