Sections 82 and 83 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
After a debtor files a fresh start application, two things must happen before the Adjudicating Authority decides it: a resolution professional must be put in place (section 82), and that professional must examine the application and report (section 83). This article reads both sections as printed in the IBBI consolidated text of the Code amended up to 12 August 2021. A debtor who is unsure how the sequence applies to his file can take a legal consultation early.
Under section 82, the Adjudicating Authority writes to the Board within seven days of receiving the application, either to confirm that the resolution professional who filed it has no disciplinary proceedings against him, or to ask the Board to nominate one. The Board nominates within ten days. The Adjudicating Authority then appoints by order. Under section 83, the resolution professional examines the application within ten days of appointment and reports whether it should be accepted or rejected, giving reasons and a copy to the debtor.
Section 82: how the resolution professional is appointed
Section 82 has two routes, depending on how the application under section 80 was filed.
Route 1: the debtor files through a resolution professional (sub-sections (1) and (2)). The Adjudicating Authority "shall direct the Board within seven days of the date of receipt of the application and shall seek confirmation from the Board that there are no disciplinary proceedings against the resolution professional who has submitted such application." The Board then communicates in writing either (a) confirmation of that appointment, or (b) rejection of that appointment together with the nomination of "a resolution professional suitable for the fresh start process".
Route 2: the debtor files himself (sub-sections (3) and (4)). The Adjudicating Authority directs the Board, again within seven days of receipt of the application, to nominate a resolution professional for the fresh start process. The Board "shall nominate a resolution professional within ten days of receiving the direction".
Appointment (sub-section (5)). The Adjudicating Authority "shall by order appoint the resolution professional recommended or nominated by the Board under sub-section (2) or sub-section (4), as the case may be."
Copy of the application (sub-section (6)). The appointed professional "shall be provided a copy of the application for fresh start."
| Step | Who acts | Period printed | Section |
|---|---|---|---|
| Direction to the Board (confirmation of the filing professional) | Adjudicating Authority | Within seven days of receipt of the application | 82(1) |
| Direction to the Board (nomination, where the debtor filed himself) | Adjudicating Authority | Within seven days of receipt of the application | 82(3) |
| Nomination by the Board | The Board | Within ten days of receiving the direction | 82(4) |
| Appointment | Adjudicating Authority | By order; no period printed | 82(5) |
| Examination and report | Resolution professional | Within ten days of appointment | 83(1) |
Section 82(2) does not print a period for the Board's written communication on the filing professional, so none is stated here. The Code uses the term "Board" for the Insolvency and Bankruptcy Board of India; the section also does not say what happens if the periods are not kept, and this article adds nothing on that point.
Example. Meena Pillai, a self-employed translator, files a fresh start application herself. Under section 82(3) the Adjudicating Authority directs the Board, within seven days, to nominate a resolution professional. The Board nominates within ten days of the direction. The Adjudicating Authority appoints the nominee by order and the nominee receives a copy of Meena's application. If Meena had filed through a professional of her choice, the Board's first task would have been to confirm that no disciplinary proceedings are pending against him.
Section 83: examination of the application
Section 83 is the professional's first working task.
Examination and report (sub-section (1)). The resolution professional "shall examine the application made under section 80 within ten days of his appointment, and submit a report to the Adjudicating Authority, either recommending acceptance or rejection of the application." The report is a recommendation; the decision on admission is the Adjudicating Authority's, in section 84.
Contents of the report (sub-section (2)). The report must contain the details of the amounts in the application which, in the professional's opinion, are (a) qualifying debts and (b) liabilities eligible for discharge under sub-section (3) of section 92. Our article on excluded assets and the qualifying debt test under section 79 explains how the Code defines a qualifying debt.
Further information (sub-sections (3) and (4)). The professional "may call for such further information or explanation" from the debtor or any other person who may provide it. That person must furnish it "within seven days of receipt of the request".
Presumption of inability to pay (sub-section (5)). The professional "shall presume that the debtor is unable to pay his debts at the date of the application" if both of the following hold:
- (a) in his opinion, the information in the application indicates that the debtor is unable to pay his debts and he has no reason to believe that the information is incorrect or incomplete; and
- (b) he has reason to believe that there has been no change in the debtor's financial circumstances since the date of the application that would enable the debtor to pay.
Both limbs are joined by "and", so both must be met. The presumption is the professional's, for the purpose of his report.
Grounds for rejection (sub-section (6)). The professional "shall reject the application, if in his opinion":
| Clause | Ground |
|---|---|
| (a) | The debtor does not satisfy the conditions specified under section 80 |
| (b) | The debts disclosed in the application are not qualifying debts |
| (c) | The debtor has deliberately made a false representation or omission in the application or with respect to the documents or information submitted |
The word is "shall". If the professional holds one of those opinions, the rejection recommendation is not optional. Clause (c) sits close to the offence provisions that deal with false information; our article on sections 75 and 77 covers those for the applications they name.
Reasons and copy (sub-section (7)). The professional "shall record the reasons for recommending the acceptance or rejection" in the report and "shall give a copy of the report to the debtor." The debtor therefore sees the reasons.
Reading the two sections together
The sequence is: filing under section 80, interim moratorium under section 81 (see our article on section 81), appointment under section 82, report under section 83, order under section 84. Because the interim moratorium lasts until admission or rejection, the periods in sections 82 and 83 are the periods during which creditors are held back. The time that the Adjudicating Authority itself takes for appointment is not printed in section 82(5).
Section 83 does not provide a hearing for creditors at this stage. Their remedy comes after the order under section 84, through the objection process of section 86, discussed in our article on sections 86 and 87.
The details of the fresh start process are not covered by any rules or regulations in the texts consulted, and this article gives no procedure beyond the statute.
The Amendment Act, 2026
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (No. 6 of 2026) does not amend sections 82 or 83 as printed in the texts consulted. The Amendment Act, 2026 comes into force on the date or dates the Central Government notifies; the notification is not in the texts consulted, so check whether any change affecting Part III has been notified.
Amendments and notifications made after 12 August 2021, other than the Amendment Act, 2026, are not in the texts consulted and should be checked.
Need help with a fresh start application at the examination stage?
The report under section 83 can decide whether an application goes forward, so the information given to the resolution professional must be complete and consistent. A legal consultation can help you prepare responses to a request for further information within the seven days allowed.
Key takeaways
- The Adjudicating Authority directs the Board within seven days of receiving the application.
- The Board nominates a resolution professional within ten days of the direction in section 82(3).
- The resolution professional examines the application within ten days of appointment.
- A request for further information must be answered within seven days.
- Rejection is mandatory in the three situations of section 83(6).
- The report carries reasons, and a copy goes to the debtor.
Read next
- Sections 84 and 85: admission and the effect of admission of a fresh start application
- Section 81: application for a fresh start order and the interim moratorium
- Sections 86 and 87: objections by creditors
- The fresh start process under section 80
Disclaimer: Based on the IBBI consolidated text of the Insolvency and Bankruptcy Code, 2016 amended up to 12 August 2021 and on the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (No. 6 of 2026), which comes into force on the date or dates notified by the Central Government, as consulted on 2 October 2026. It explains the words of the statute only; commencement notifications, other amendments made after 12 August 2021, notified thresholds, the rules and IBBI regulations, and the way tribunals and courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.