In this Part, unless the context otherwise requires,—
- "Adjudicating Authority" means the Debt Recovery Tribunal constituted under sub-section (1) of section 3 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993;
- "associate" means a person who is an associate of the debtor or the bankrupt as per the criteria specified in the Fifth Schedule;
- "bankrupt" means—
- a debtor who has been adjudged as bankrupt by a bankruptcy order under section 126;
- each of the partners of a firm, where a bankruptcy order under section 126 has been made against the firm; or
- any person adjudged as an undischarged insolvent;
- "bankruptcy" means the state of being bankrupt;
- "bankruptcy commencement date" means the date on which a bankruptcy order is passed under section 126;
- "bankruptcy debt" means—
- any debt owed by the bankrupt;
- any debt to which the bankrupt may become subject after the bankruptcy commencement date by reason of any transaction entered into before the bankruptcy commencement date; and
- any interest provable as a bankruptcy debt;
- "bankruptcy process" includes the administration and distribution of the estate of the bankrupt;
- "bankruptcy order" means an order passed by the Adjudicating Authority under section 126;
- "bankruptcy trustee" means the insolvency professional appointed as a trustee for the estate of the bankrupt under section 125;
- "Chapter" means a Chapter of this Part;
- "committee of creditors" means the committee of creditors constituted under sections 107 and 134;
- "debtor" includes a judgment-debtor;
- "discharge order" means an order passed by the Adjudicating Authority discharging the debtor under sections 92, 119 and section 138, as the case may be;
- "estate", in relation to a bankrupt, shall have the meaning as assigned to it in section 155;
- "excluded debt" means—
- liability to pay fine imposed by a court or tribunal;
- liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other legal obligation;
- liability to pay maintenance to any person under any law for the time being in force;
- liability in relation to a student loan; and
- any other debt as may be prescribed;
- "excluded asset" means—
- unencumbered tools, books, vehicles and other equipment as are necessary to the debtor or bankrupt for his personal use or for the purpose of his employment, business or vocation;
- unencumbered furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the bankrupt and his immediate family;
- any unencumbered personal ornaments of such value, as may be prescribed, of the bankrupt and his immediate family which cannot be parted with, in accordance with religious usage;
- life insurance policy held by the bankrupt or the debtor; and
- any other assets as may be prescribed;
- "firm" shall have the same meaning as assigned to it under section 4 of the Indian Partnership Act, 1932;
- "fresh start order" means an order passed by the Adjudicating Authority under section 92;
- "insolvency commencement date" means the date of admission of the application for initiating the insolvency resolution process of the debtor by the Adjudicating Authority under section 100;
- "partnership debt" means any debt of the firm;
- "qualifying debt" means the amount due, including interest, as on the date of the application, which is less than such amount as may be prescribed;
- "repayment plan" means a plan prepared by the debtor in consultation with the resolution professional under section 105;
- "resolution professional" means an insolvency professional appointed by the Adjudicating Authority for conducting the fresh start process or the insolvency resolution process under this Part.