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Insolvency and Bankruptcy - Law and Practice · Fresh Start Process

Section 82 IBC: Appointment of Resolution Professional in Fresh Start

Updated 11 October 2026 · Fact-checked

Under section 82, the Adjudicating Authority writes to the Board within seven days of getting a fresh start application. If an RP filed it, the Board confirms or rejects that RP. If the debtor filed it, the Board nominates an RP within ten days. The Adjudicating Authority then appoints that RP by order.

Understand Appointment of Resolution Professional under Section 82

A fresh start lets a very poor debtor get relief from qualifying debts. The debtor cannot run this process alone. A resolution professional (RP) examines the application and tells the Adjudicating Authority whether to admit it. Section 82 decides who that RP will be.

The section has two routes. The route depends on how the application under section 80 reached the Adjudicating Authority: through an RP, or from the debtor personally.

In both routes the Board (the Insolvency and Bankruptcy Board of India) is the gatekeeper. The Adjudicating Authority does not pick an RP on its own. It directs the Board, the Board confirms or nominates, and only then does the Adjudicating Authority appoint by order. The purpose is to make sure the RP is suitable and has no disciplinary proceedings against them.

Once appointed, the RP gets a copy of the fresh start application. The RP then examines it and submits a report to the Adjudicating Authority. The Adjudicating Authority may admit or reject the application within fourteen days of that report (section 84). Related provisions: section 89 allows replacement of the RP, and section 91 allows the RP to seek revocation of an admission order.

Note the contrast. Sections 94 and 95 (insolvency resolution for individuals) have a similar scheme in section 97, but with different timelines. Do not mix the two.

Key rules to remember

Route 1: application filed through an RP (s. 82(1)-(2))
Application → AA directs Board within 7 days → Board confirms or rejects (and nominates another RP)
The AA seeks confirmation that no disciplinary proceedings are against the RP who filed. Section 82(2) states no number of days for the Board's reply.
Route 2: application filed by the debtor personally (s. 82(3)-(4))
AA directs Board within 7 days to nominate an RP → Board nominates within 10 days
Seven days is the AA's time, ten days is the Board's time.
Appointment order (s. 82(5))
AA appoints, by order, the RP recommended or nominated by the Board
The appointment is by the AA, not by the Board.
Copy of application (s. 82(6))
Appointed RP must be given a copy of the fresh start application
This is the AA's obligation once the RP is appointed.
RP's report (referred to in s. 84(1))
After appointment, the RP examines the fresh start application and submits a report to the AA
Section 84(1) refers to the RP's report. This page does not state a number of days for the RP's report in a fresh start. Section 99 (examination within ten days of appointment, report with reasons, copy to the debtor) governs applications under sections 94 or 95, not the fresh start application. Section 99(8) is the link: if the RP finds the debtor eligible for a fresh start, the RP recommends that the section 94 application be treated as an application under section 81.
Admission or rejection (s. 84(1))
AA may pass its order within 14 days of the RP's report
Order accepting the application states the qualifying debts accepted by the RP and other amounts eligible for discharge under section 92.

How to solve Appointment of Resolution Professional under Section 82 questions

For any question on RP appointment in a fresh start, follow the facts through the section in order. Decide the route first, then apply the timelines.

  1. 1Identify who filed the section 80 application: the debtor personally or through an RP.
  2. 2If through an RP: state that the AA directs the Board within seven days to confirm there are no disciplinary proceedings against that RP.
  3. 3State the Board's two options: confirm the RP, or reject and nominate a suitable RP.
  4. 4If filed by the debtor personally: state that the AA directs the Board within seven days to nominate an RP, and the Board nominates within ten days.
  5. 5State that the AA appoints by order the RP recommended or nominated, and that the RP gets a copy of the application.
  6. 6Describe the RP's next role: examine the application and submit a report to the AA, which is the report referred to in section 84(1). Do not apply the ten-day period of section 99 here, as that section covers applications under sections 94 or 95.
  7. 7Conclude on the facts, for example whether a time limit was met, who has power to act, or whether replacement under section 89 is available.

Quickest way: Two-route, 7-10 rule

When to use it: Use when a question gives a short fact pattern and asks who appoints the RP and within what time.

  1. Ask one question: did an RP file it, or the debtor?
  2. RP filed: AA to Board in 7 days, Board confirms or replaces.
  3. Debtor filed: AA to Board in 7 days, Board nominates in 10 days.
  4. Either way: AA appoints by order, RP gets the application copy.
  5. Add the follow-up: RP report, then AA decision within 14 days (s. 84).

Common mistakes in Appointment of Resolution Professional under Section 82

  • Saying the Board appoints the RP.

    The Board confirms or nominates, so students treat that as appointment.

    Fix: Write that the Board recommends or nominates and the Adjudicating Authority appoints by order under section 82(5).

  • Mixing up the seven-day and ten-day periods.

    Both numbers appear close together in the section.

    Fix: Seven days is the AA's time to direct the Board. Ten days is the Board's time to nominate where the debtor filed personally.

  • Giving the Board a ten-day limit in the RP-filed route.

    Students carry the ten-day period across from the other route.

    Fix: Section 82(2) only says the Board communicates confirmation or rejection in writing. No number of days is stated there.

  • Confusing section 82 with section 97.

    Both deal with RP appointment and use similar words.

    Fix: Section 82 is for the fresh start process. Section 97 is for insolvency resolution on an application under section 94 or 95. Section 97 gives the Board seven days to reply on confirmation.

  • Forgetting the disciplinary proceedings check.

    Students focus on timelines only.

    Fix: State that the AA seeks confirmation that there are no disciplinary proceedings against the RP who filed the application.

  • Quoting the RP's report timeline from section 82 or section 99 for a fresh start.

    Students assume the RP's duty sits in the same section, or borrow the ten-day period from section 99.

    Fix: Section 82 only covers the appointment. Say that the RP examines the application and reports to the AA, and that the AA's 14 days under section 84(1) run from that report. Section 99 applies to applications under sections 94 or 95, and section 99(8) is only the link to a fresh start.

Worked examples

Example 1

Ramesh, a daily-wage worker in Lucknow, files an application for a fresh start under section 80 himself, without any RP. Explain how an RP will be appointed for his case.

Show the solution
  1. Ramesh filed personally, so section 82(3) applies.
  2. The AA must direct the Board, within seven days of receiving the application, to nominate an RP for the fresh start process.
  3. Under section 82(4), the Board must nominate an RP within ten days of receiving that direction.
  4. Under section 82(5), the AA appoints the nominated RP by order.
  5. Under section 82(6), the appointed RP is given a copy of the application.
  6. The RP then examines the application and reports to the AA, recommending approval or rejection.

Answer: The AA directs the Board within seven days, the Board nominates within ten days, and the AA appoints the nominee by order. The RP is then given a copy of the application.

Example 2

A fresh start application is filed by Meena through CS Anil, an insolvency professional. The Board finds that disciplinary proceedings are pending against Anil. What happens under section 82?

Show the solution
  1. The application was filed through an RP, so section 82(1) applies.
  2. The AA directs the Board within seven days of receiving the application and seeks confirmation that no disciplinary proceedings are against Anil.
  3. Under section 82(2), the Board communicates in writing either confirmation or rejection of Anil's appointment.
  4. Because proceedings are pending, the Board will reject Anil's appointment and nominate another RP suitable for the fresh start process.
  5. Under section 82(5), the AA appoints the RP nominated by the Board by order.
  6. The new RP gets a copy of the application under section 82(6) and then examines it and reports.

Answer: The Board rejects Anil's appointment and nominates another suitable RP. The AA then appoints that nominee by order, and the nominee receives a copy of Meena's application.

Exam tips

  • Begin every answer with the route: filed through an RP, or by the debtor personally. Marks follow this split.
  • Write the timelines as a short list: AA 7 days, Board 10 days (debtor route), then AA appoints.
  • Always name the AA as the appointing authority and the Board as the confirming or nominating body.
  • Add one line on the RP's role after appointment: examine the application and submit a report to the AA, after which the AA decides within 14 days under section 84(1). Do not cite section 99 for the fresh start report.
  • If the case mentions dissatisfaction with the RP, bring in section 89: the debtor or creditor may apply to the AA for replacement, and the AA refers to the Board within seven days.

Practice questions from Fresh Start Process

Appointment of Resolution Professional under Section 82: frequently asked questions

Who appoints the resolution professional in a fresh start process?

The Adjudicating Authority appoints the RP by order. It acts on the Board's confirmation of the RP who filed the application, or on the RP the Board nominates.

How long does the Board have to nominate an RP under section 82?

Where the debtor filed the application himself, the Board must nominate an RP within ten days of receiving the AA's direction. That direction itself must come within seven days of receiving the application.

What does the RP do after appointment in a fresh start?

The RP gets a copy of the application and examines it. The RP then submits a report to the Adjudicating Authority, which may admit or reject the application within fourteen days of that report under section 84(1). Section 99 is different: it covers applications under sections 94 or 95, and section 99(8) links to a fresh start only where the RP finds the debtor eligible.

Can the RP be replaced in a fresh start?

Yes. Under section 89, the debtor or creditor can apply to the AA for replacement. The AA refers the matter to the Board within seven days. The Board recommends another IP with no pending disciplinary proceedings within ten days, and the AA appoints that person.