(1) A debtor may apply for a bankruptcy order if—
- the debtor is unable to pay his debts; and
- the debtor has not undergone a fresh start process, or an insolvency resolution process, or a bankruptcy process during the period of twelve months preceding the date of the application.
(2) The application under sub-section (1) shall be in such form, containing such particulars, and accompanied by such fee as may be prescribed.