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ARTICLE · 19 JUNE 2018

Insolvency And Bankruptcy Code: Insolvency Resolution Process By Operational Creditor / Trade Creditor

The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.

IndiaInsolvency/Bankruptcy/Re-Structuring

The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms. This Code gives flexibility to financial as well as operational creditors to initiate insolvency resolution process against those companies which have defaulted in making payment of Rs. 1,00,000 (Rupees One Lakh) or more towards the legitimate dues of the financial or operational creditors, the entire process is altogether different from the process of the old legislation namely 'The Sick Industrial Companies (Special Provisions) Act, 1985 (SICA)'. Unlike SICA, the accumulated loss(es) is not a criterion to invoke the insolvency resolution process under the Code. This Code functions on the basis of default in making payment by the corporate debtor to the creditors under the Code. Since the inception of the Code, a total of 701 cases have been admitted out of which 310 cases are pertaining to operational debt. Over 2,000 applications have been closed, resulting in a

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