Discharge order
Section 138 of the Insolvency and Bankruptcy Code, 2016 deals with discharge order. The bankruptcy trustee shall apply to the Adjudicating Authority for a discharge order— (a) on the expiry of one year from the bankruptcy commencement date; The Act was enacted on 28 May 2016.
(1) The bankruptcy trustee shall apply to the Adjudicating Authority for a discharge order—
(a) on the expiry of one year from the bankruptcy commencement date; or
(b) within seven days of the approval of the committee of creditors of the completion of administration of the estates of the bankrupt under section 137, where such approval is obtained prior to the period mentioned in clause (a).
(2) The Adjudicating Authority shall pass a discharge order on an application by the bankruptcy trustee under sub-section (1).
(3) A copy of the discharge order shall be provided to the Board for the purpose of recording an entry in the register referred to in section 196.
Section 138, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
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1 instrument names this provision in its title or its text without being made under it.
Questions about Section 138
What does Section 138 of the Insolvency and Bankruptcy Code deal with?
Section 138 of the Insolvency and Bankruptcy Code is headed "Discharge order". The bankruptcy trustee shall apply to the Adjudicating Authority for a discharge order— (a) on the expiry of one year from the bankruptcy commencement date;
How do I find court cases under Section 138 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 138, section 138 Insolvency and Bankruptcy Code, section 138 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 138 of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 137 (Completion of administration), section 196 (Powers and functions of Board), so none of them can safely be read on its own. 8 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019 (2019).
When was Section 138 of the Insolvency and Bankruptcy Code enacted?
Section 138 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 138, 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
- 240. Power to make regulations2349 words
- 5. Definitions2326 words
- 3. Definitions1381 words
- 29A. Person not eligible to be resolution applicant1152 words
- 239. Power to make rules963 words
- 196. Powers and functions of Board942 words
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 20 Oct 2026. This page is not a substitute for legal advice.