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CS Professional · Insolvency and Bankruptcy - Law and Practice · Bankruptcy for Individuals and Partnership Firms

Imran obtained a fresh start order on 10 March 2026. On 20 November 2026 he again meets all monetary limits and files a fresh application. No other process is subsisting against him. Under Section 80, what is the likely outcome?

Imran is not eligible. Section 80 disallows an application if a previous fresh start order was made in the twelve months before the application date. His order was only about eight months earlier. The Code sets a twelve-month window, not a lifetime limit.

  1. AEligible, since more than six months have passed
  2. BNot eligible, because a fresh start order was made within the preceding twelve months of the application dateCorrect
  3. CEligible, because the earlier order was fully performed
  4. DNot eligible, because a person can have only one fresh start order in a lifetime

Explanation

Section 80(2)(g) bars an application if a previous fresh start order was made in the preceding twelve months. From 10 March 2026 to 20 November 2026 is about eight months, so he is within the bar. The Code states a twelve-month window, not a lifetime bar.

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