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  • Article

    Decoding The Suspension Of Insolvency And Bankruptcy Code

    The much-awaited ordinance suspending operation of the Insolvency and Bankruptcy Code, 2016 (Code) was promulgated on June 5, 2020.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Developer Insolvency: What It Means For Homebuyers, Their Flats And Their Money

    When a property developer enters insolvency proceedings under India's Insolvency and Bankruptcy Code, homebuyers who have invested their life savings face critical questions about their rights and remedies. This comprehensive analysis examines the legal framework governing builder insolvency, explaining how homebuyers are classified as financial creditors, their role in the Committee of Creditors, and the practical steps they must take to protect their interests through the Corporate Insolvency Resolution
    IndiaInsolvency/Bankruptcy/Re-Structuring
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Effective Enforcement Of The Insolvency And Bankruptcy Code, 2016

    The objective of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'Code') is multi-faceted.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Finality In Insolvency Resolution: Supreme Court's Stance On Belated Claims In CIRP Cases

    The Supreme Court of India recently delivered a significant judgment in the case of Vaibhav Goel & Anr. versus Deputy Commissioner of Income Tax & Anr. (Civil Appeal No. 49 of 2022).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBBI Notifies The IBBI (Fast Track Resolution Process For Corporate Persons)(Fourth Amendment) Regulations, 2017

    The IBBI, through Notification No. IBBI/2017- 18/GN/REG23, on December 31, 2017, has notified the "Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    IBBI Notifies The IBBI (Insolvency Resolution Process For Corporate Persons) (Amendment) Regulations, 2026

    Regulation 36(2) of the IRP Regulations has been amended to include the details of receivables of the CD joint development agreements, assets which are under attachment by enforcement agencies and details of all allottees whose claims are either reflecting in the books of account of the CD or in the records of the Real Estate Regulatory Authority.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Article

    IBC For Authorised Representative For Creditors

    The insolvency professional, who is the choice of the highest number of creditors in the class, is appointed as the authorised representative of the creditors of the respective class.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    IBC Is For Genuine Roofs, Not Punters: SC Lays Down New Home-buyer Litmus Test

    On 12 September 2025 a two-Judge Bench of Justices J.B. Pardiwala and R. Mahadevan delivered what is already being called the "speculative-investor bible" for insolvency courts.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBC Update | Assets Of The Subsidiary Company Cannot Be Included In The Insolvency Resolution Plan Of The Holding Company

    The Supreme Court, in a recent case of BRS Ventures Investments Ltd v SREI Infrastructure Finance Ltd & Anr, has reiterated that assets of a subsidiary company cannot be part of the insolvency resolution plan of the holding company.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Insolvency And Bankruptcy (Insolvency And Liquidation Proceedings Of Financial Service Providers And Application To Adjudicating Authority) Rules, 2019

    These Rules shall come into force on the date of their publication in the official gazette.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Insolvency Laws For Corporate Persons: Position Under Companies Act, 2013 Vis-À-Vis Insolvency & Bankruptcy Code, 2016

    Thus, certain winding up proceedings will now be governed by the provisions of 2013 Act and certain under the Code.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Insolvency Of Personal Guarantor Is Independent Of The Corporate Insolvency Resolution Process Of The Corporate Debtor

    State Bank of India Stressed Asset Management Branch (SBI) filed a petition to initiate insolvency of a personal guarantor (Guarantor) under Section 95(1) of the Insolvency and Bankruptcy Code, 2016...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Insufficiently Stamped Documents Only A Technical Deficiency, Not A Ground To Reject Section 7 Application Under IBC Says NCLAT

    Recently, the principal bench of National Company Law Appellate Tribunal, Delhi ("NCLAT") vide its order dated 2nd August 20221 ("Order") dismissed an appeal filed by Mr. Praful Nanji Satra...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Joint Petition Under IBC Not Maintainable If The Operational Creditors Do Not Fulfil The Threshold Of Rs. 1 Crore Individually

    The National Company Law Tribunal, Mumbai (NCLT), in the matter of Mr. Brajesh Mishra and Others vs. M/s Dolphin Offshore Shipping Ltd. held that a joint petition under Section 9...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    JSW-BPSL Saga: Let It Be Or Let It Go

    Our article discusses the recent Supreme Court judgment in the matter of JSW's Steel acquisition of Bhushan Power and Steel Limited which has delivered a significant setback to the Insolvency and Bankruptcy Code, and raised systemic concerns.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AZB & Partners
    AZB & Partners
  • Article

    Key Highlights Of CIRP Amendment Regulations 2025

    Insolvency and Bankruptcy Board of India ("IBBI") has notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Lender In Physical Possession Of Its Security Under SARFAESI Cannot Retain Possession On Commencement Of CIRP

    It was also held that any further action by Dena Bank to enforce its security interest would be covered under the moratorium.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Lenders Free To Invoke Personal Guarantees Of Corporate Debtor Under The Insolvency And Bankruptcy Code, 2016

    The Supreme Court of India in the case of Lalit Kumar Jain v. Union of India & Ors. by its judgement dated 21 May 2021 upheld the validity of notification no. S.O. 4126 (E) dated 15 November 2019...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Liquidated Damages Cannot Trigger Insolvency Proceedings

    Proceedings under the Code are not for ascertaining or crystallizing the quantum of damages.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Moratorium

    Black Law defines Moratorium as "Delay in performing an obligation or taking an action legally authorized or simply agreed to be temporary".
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Showing 321–340 of 2111 results

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