Overdue Loan Overdue Loan

1 month ago

Sir I take loan 7500₹ in it's overdue 365+ days .
I want some more time to repay. The amount I 16100₹ .What can I do now .

Anik

Responded 1 month ago

View All Answers
A.Dear Client,

The information you provided appears to be a mix of details related to the Provincial Insolvency Act, 1920 (which is now repealed) and debt settlement practices. It's essential to clarify that the current bankruptcy framework in India is governed by the Insolvency and Bankruptcy Code, 2016 (IBC), and the Provincial Insolvency Act, 1920, is no longer in effect.

Under the IBC, individuals and partnership firms can file for bankruptcy under the provisions of the individual insolvency and bankruptcy code. However, the threshold for filing bankruptcy is not a specific amount but is based on the debtor's inability to pay debts.

Regarding debt settlement, it's a process where a debtor negotiates with creditors to settle the outstanding debt for a lesser amount than what is owed. This can be done independently or through third parties like debt settlement companies. Negotiating a debt settlement may involve offering a lump sum payment to the creditor in exchange for forgiveness of the remaining debt.

However, it's crucial to exercise caution when dealing with debt settlement companies, as there are both legitimate and fraudulent entities in the market. Before engaging with such companies, it's advisable to check with your state attorney general's office and local consumer protection agencies for any consumer complaints against the company. Additionally, be aware of potential risks such as the impact on credit scores and tax consequences.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 month ago

View All Answers
A.Dear Client,

The information you provided appears to be a mix of details related to the Provincial Insolvency Act, 1920 (which is now repealed) and debt settlement practices. It's essential to clarify that the current bankruptcy framework in India is governed by the Insolvency and Bankruptcy Code, 2016 (IBC), and the Provincial Insolvency Act, 1920, is no longer in effect.

Under the IBC, individuals and partnership firms can file for bankruptcy under the provisions of the individual insolvency and bankruptcy code. However, the threshold for filing bankruptcy is not a specific amount but is based on the debtor's inability to pay debts.

Regarding debt settlement, it's a process where a debtor negotiates with creditors to settle the outstanding debt for a lesser amount than what is owed. This can be done independently or through third parties like debt settlement companies. Negotiating a debt settlement may involve offering a lump sum payment to the creditor in exchange for forgiveness of the remaining debt.

However, it's crucial to exercise caution when dealing with debt settlement companies, as there are both legitimate and fraudulent entities in the market. Before engaging with such companies, it's advisable to check with your state attorney general's office and local consumer protection agencies for any consumer complaints against the company. Additionally, be aware of potential risks such as the impact on credit scores and tax consequences.

For precise and up-to-date guidance on bankruptcy and debt settlement in India, consulting with a legal professional or a financial advisor is recommended. They can provide personalized advice based on the current legal and financial landscape.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

View All Answers
A.Dear Client,
Under the Provincial Insolvency Act, 1920 (which is now repealed as IBC Code 2016), you can file for bankruptcy if you are unable to repay a debt greater than ₹500. After analyzing whether the conditions for filing for bankruptcy have been met, the court may accept or reject the application. But, in the absence of any property/assets, your insolvency petition may be rejected by the Court. Alternatively, you can try to negotiate a debt settlement on your own if your pocket permits to repay the entire outstanding at a time for a one-time settlement of dues, but sometimes it's typically done through third parties like debt relief companies, which you may hire to negotiate the settlement matter with the lender on your behalf. With this method, you will make payments to the debt settlement company rather than your creditors/lenders, along with any fees. Debt settlement is an agreement between a lender and a borrower in which the borrower repays a portion of a loan balance and the lender forgives the remainder. You may consider starting the negotiation by offering to pay 25% or 30% of your outstanding balance in return for forgiveness on the rest. But, it may be noted that while there are legitimate debt relief/settlement companies, there are also many scam operations. So, if you're considering one, the Consumer Financial Protection Bureau(CFPB) suggests for contacting your state attorney general's office and local consumer protection agency to ask if they have any consumer complaints on file about that company. Some states require that debt settlement companies be licensed, which may provide some added protection. Although a debt settlement can offload some of your financial crisis, there are also a few potential risks and downsides to consider. First, a debt settlement will affect your credit score. That will make it more difficult for you to get credit or good interest rates in the future. Another potential drawback is that when you settle debt, you could face tax consequences. Further, a quick counselling session with a certified credit counsellor can help you to discover your options and choose the right path forward to settle the debts/loan with the Bank.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRegarding surity and stay of execution
Dear sir, You have to implead yourself as a party in the pending case if any otherwise file separate case to discharge you from suretyship.
question iconRecovering Loan given to a Friend
Dear sir As cheques are undated you can file cheque bounce case which is financially feasibly and you need not pay any court fees.
question iconCredit card payment
Dear Client, You can try to negotiate a debt settlement with the Bank on your own if your pocket permits to repay the entire outstanding of your credit cards at a time for a one-time settlement of du...
question iconJoint account Chaque with minor signature only
Dear Sir, Please check whether cheque is acceptable with the signature of minor normally it is not acceptable. Please get an endorsement from the Bank and then get issue a legal notice as provided und...
question iconCheque and pronote
Dear Sir, You have done a blunder mistake. However, you may approach the Police and lodge a complaint of cheating for not returning your cheque leafs and pronotes. Even if no action is taken by the Po...
Read Blogs on Debt and Lending Agreement