Section 81:
Application for fresh start order.
(1) When an application is filed under section 80 by a
debtor, an interim-moratorium shall commence on the date of filing of said application in relation to all
the debts and shall cease to have effect on the date of admission or rejection of such application, as the
case may be.
(2) During the interim-moratorium period,—
(i) any legal action or legal proceeding pending in respect of any of his debts shall be deemed to
have been stayed; and
(ii) no creditor shall initiate any legal action or proceedings in respect of such debt.
(3) The application under section 80 shall be in such form and manner and accompanied by such fee,
as may be prescribed.
(4) The application under sub-section (3) shall contain the following information supported by an
affidavit, namely:—
(a) a list of all debts owed by the debtor as on the date of the said application along with details
relating to the amount of each debt, interest payable thereon and the names of the creditors to whom
each debt is owed;
(b) the interest payable on the debts and the rate thereof stipulated in the contract;
(c) a list of security held in respect of any of the debts;
(d) the financial information of the debtor and his immediate family up to two years prior to the
date of the application;
(e) the particulars of the debtor's personal details, as may be prescribed;
(f) the reasons for making the application;
(g) the particulars of any legal proceedings which, to the debtor's knowledge has been
commenced against him;
(h) the confirmation that no previous fresh start order under this Chapter has been made in respect
of the qualifying debts of the debtor in the preceding twelve months of the date of the application.
Notes: