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ARTICLE · 18 JUNE 2022

The Inter-Play Between Undecided Claims And The ‘Clean Slate Theory'

The ‘clean slate' doctrine has been one of the most well-settled principles when it comes to the intended effects of the Insolvency and Bankruptcy Code 2016 ("Code").

IndiaLitigation, Mediation & Arbitration

The ‘clean slate' doctrine has been one of the most well-settled principles when it comes to the intended effects of the Insolvency and Bankruptcy Code 2016 (“Code”). The doctrine of ‘clean slate' essentially implies that once the Resolution Plan is accepted by the Committee of Creditors and approved by the Adjudicating Authority, no claim (whether satisfied or dissatisfied) would survive. The doctrine is rooted in Section 31 (1) of the Code, which reads as under:

“31. (1) If the Adjudicating Authority is satisfied that the resolution plan as approved by the committee of creditors under sub-section (4) of section 30 meets the requirements as referred to in sub-section (2) of section 30, it shall by order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law

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