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  • Article

    Back Door Entry Of The Defaulting Promoters – Inapplicability Of Section 29a Of Insolvency & Bankruptcy Code

    With the introduction of the Insolvency & Bankruptcy Code, 2016, there has been a flurry of litigation before the National Company Law Tribunals and the National Company Law Appellate Tribunal ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    BYJU'S: SC Rules On Process Of Settlement In Insolvency; Upholds Collective Interests Of Creditors

    In a significant judgment, the Supreme Court of India recently adjudicated on critical aspects of the Insolvency and Bankruptcy Code (IBC) in the case of GLAS Trust Company LLC vs. BYJU Raveendran & Ors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
IndiaLaw LLP
IndiaLaw LLP
  • Article

    Challenges And Drawbacks Of Pre-Packaged Deals In IBC

    A pre-packaged scheme is an arrangement under which stressed company and the purchaser negotiate the sale of all or part of a company's business or assets prior to the appointment of an insolvency professional as administrator.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AMLEGALS
    AMLEGALS
  • Article

    Commencement Of Disciplinary Proceedings Against Insolvency Professional

    The Insolvency and Bankruptcy Code, 2016,1 provides that only in cases where no disciplinary proceedings are pending against the insolvency professional that he/ she may be appointed as interim resolution professional, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Continuation Of Proceedings In Relation To Avoidance Transactions After Acceptance Of Resolution Plan

    As a result, applications for avoidance of PUFE transactions were considered infructuous upon conclusion of the CIRP.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Cracking The Code (Part I): Introduction

    The Insolvency and Bankruptcy Code, 2016 ("Code"), has attracted attention since its inception and it is being closely watched since the day it has come into effect...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Agama Law Associates
    Agama Law Associates
  • Article

    Determination Of Financial Versus Operational Debt In Invoice Financing Transactions Under The Insolvency And Bankruptcy Code, 2016

    The intersection of supply chain financing and insolvency law has increasingly become a fertile ground for jurisprudential debate, particularly concerning the classification of creditors and the validity...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Does The Commercial Wisdom Of Committee Of Creditors Under The Insolvency And Bankruptcy Code, 2016 Trump The Liquidation Value: Supreme Court Of India Decides

    The Full Bench of the Hon'ble Supreme Court of India comprising of Mr. Justice R.F. Nariman, Mr. Justice Aniruddha Bose, and Mr. Justice V. Ramasubramanian in M/s. Maharashtra Seamless Limited v. Padmanabhan Venkatesh & Ors. ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
  • Article

    Economic Survey On Cross Border Insolvency

    The Economic Survey prepared by the Economic Division, Department of Economic Affairs, Ministry of Finance, Government of India is an annual performance report of the Country's...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    From Being India's Leading Airline To Liquidation; The Journey Of Jet Airways

    The Supreme Court of India last week delivered a landmark Judgment in the matter of State Bank of India & Ors. vs. The Consortium of Mr. Murarilal Jalan and Mr. Florian Fritsch & Anr...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Guarding Homes, Not Profits: Supreme Court On Speculative Buyers Under IBC Regime

    The concept of the speculative buyer in the context of the Insolvency and Bankruptcy Code, 2016 ("IBC") is not new, it was first recognised in the landmark judgement...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Anhad Law
    Anhad Law
  • Article

    Heralding A Positive Change – Repeal Of SICA, Dawn Of New Era Of Restructuring & Insolvency Under The IBC 2016

    India is heading towards a new era of dealing with insolvencies and bankruptcies, whether corporate or individual, by promulgating a comprehensive Insolvency & Bankruptcy code at par with global standards...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    IBBI Enhances Disclosure Requirements For Carry Forward Losses In Corporate Insolvency Resolution Process

    The Insolvency and Bankruptcy Board of India (IBBI) has issued a new circular dated 17th March 2025, aimed at improving transparency in the Corporate Insolvency Resolution Process (CIRP).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBC Amendments: Emerging Clarity On Bidding Norms

    The Amendments have put the onus on the Committee of Creditors to approve resolution plans which are viable and made by credible applicants to ensure that the resolution process protects and preserves the value of viable assets...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    IBC - NCLAT Fortnightly Summary (June 16, 2023 – June 30, 2023)

    The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ("Code")...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Insolvency Law

    On April 2, 2025, the Madurai Bench of the Madras High Court ("Madras HC"), in M/s. Empee Distilleries Limited vs. The Superintending Engineer and Ors.1, delivered a pivotal ruling on the interplay between the Insolvency and Bankruptcy Code, 2016 ("IBC") and statutory claims under litigation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Insolvency Process – A Collaborative Power Play?

    While India Inc. has been bestowed with one of the much required and appreciated rules via the IBC 2016 code, there have been several questions that the industry has come up with.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Interim Moratorium Under The Insolvency And Bankruptcy Code, 2016 Does Not Bar Execution Of Regulatory Penalties Against The Personal Guarantor

    The Supreme Court of India ("Supreme Court") recently in the case of Saranga Anilkumar Aggarwal vs. Bhavesh Dhirajlal Sheth and Ors., held that the interim moratorium on personal guarantors under Section 96 of the Insolvency and Bankruptcy Code, 2016 ("IBC") does not extend to regulatory penalties.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Is IBC Suspension Antithetical To Pandemic Protection?

    The suspension of the Insolvency and Bankruptcy Code (IBC) proceedings for a year raises concerns for various stakeholders.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Liquidation Preference

    One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    MNK Law Offices
    MNK Law Offices
  • Showing 401–420 of 2111 results

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