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  • Article

    New Rules Bring Financial Service Providers Under The Ambit Of The Insolvency And Bankruptcy Code, 2016

    The Ministry of Corporate Affairs ("MCA") vide its press release dated November 15, 2019 has notified the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Obhan Mason
    Obhan Mason
  • Article

    One Debt, Multiple CIRPs: Supreme Court Rewrites The Rules For Creditors

    The Supreme Court has, through a recent decision (2026 INSC 201), now conclusively settled a long-standing controversy under the Insolvency and Bankruptcy Code...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Anhad Law
Anhad Law
  • Article

    OW Bankruptcy Saga Reaches Indian Shores: Physical Suppliers Arrest Vessels In India To Realize Unpaid Supplies

    OW bunker's bankruptcy has excited much comment internationally and led to a spate of litigation by physical suppliers for recovery of their dues.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Part Settlement Of Employees' Claims Not Enough To Prevent Insolvency

    Mr. Dinesh Gupta, a former employee of Rolta India Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Rolta on the basis of a claim for non – payment of arrears of salary upon termination of employment.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Personal Guarantor Insolvency Provisions Of IBC Under Challenge

    It has also been reported that Mr. Anil Ambani has challenged the validity of these provisions of the IBC which relate to personal guarantee and bankruptcy.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Recent Landmark Judgments Of The Supreme Court Under IBC

    By way of its two landmark judgments delivered on August 26, 2022, in the matter of CIRP/Liquidation of ABG Shipyard, the Apex Court has settled two critical issues concerning...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Economic Laws Practice
    Economic Laws Practice
  • Article

    Restructuring & Insolvency Monthly Newsletter - October 2020

    The Insolvency and Bankruptcy Code (Second Amendment) Act, 2020...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Selecting A Resolution Plan – Discretionary Or Obligatory For Committee Of Creditors?

    The Insolvency and Bankruptcy Code envisages that upon the Corporate Insolvency Resolution Process being triggered a moratorium is applicable on all proceedings against the Corporate Debtor ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Supreme Court Holds In Vidarbha Industries Power Limited v. Axis Bank Limited That Section 7(5)(a) Of IBC Is Discretionary

    In Vidarbha Industries Power Limited v. Axis Bank Limited, the Supreme Court, inter alia, held that Section 7(5)(a) of the Insolvency and Bankruptcy Code confers discretionary power on the Adjudicating Authority to admit an application of a financial creditor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Supreme Court: Single Section 7 Petition Maintainable To Initiate Insolvency Resolution Process Against Two Separate Legal Entities

    A bench comprising Justice Sanjay Kumar and Justice K. Vinod Chandran of the Supreme Court ("Court"), vide its judgment dated January 2, 2026 in Satinder Singh Bhasin v. Col. Gautam Mullick...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    Supreme Court Strikes Down The RBI Circular of 12th February 2018

    The banks can still opt for Project Sashakt as a resolution mechanism for stressed assets apart from the other measures.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    K Singhania & Co
    K Singhania & Co
  • Article

    Swiss Ribbons v. Union Of India – The Foundation For Modern Bankruptcy Law

    The Supreme Court's decision in Swiss Ribbons v. Union of India upholding the constitutionality of the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC or the Code) is a landmark in the development of the Code.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Tackling NBFC Crisis: Government Widens The Insolvency Net

    Taking into account the deepening liquidity crisis in the financial services sector and the resultant failure of some of the biggest non-banking financial companies (NBFCs) in discharging their immediate debt obligations, the Indian government finally took the bull by the horns.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Confusion Around Status Of Home Buyers Under Bankruptcy Law

    Not so long, all the creditors, as well as the debtors were welcoming the move of the legislature in introducing the now most complicated Insolvency and Bankruptcy Code, 2016 but now everybody has realized that the code ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    The Dilemma Surrounding Payment Of Statutory Dues Under Resolution Plans

    Secured Creditors as a class have been all along protected under various legal regimes to the extent of their security interest even in cases of restructuring and/or liquidation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    The "Residuary" Shield: Deciphering The NCLT's Power To Adjudicate Fraud, Forgery And Complex Facts In The Context Of 'Roseland Buildtech Pvt. Ltd Versus Vihaan 43 Reality Pvt Ltd.'

    In a recent decision the Hon'ble Delhi High Court (Roseland Buildtech Pvt. Ltd versus Vihaan 43 Reality Pvt Ltd) on 05.01.2026 delved into the interesting question of analyzing the ‘length and breadth'...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Hammurabi & Solomon Partners
    Hammurabi & Solomon Partners
  • Article

    Time To Protect Indian Businesses From Insolvency

    The medium to long term financial effects of Coronavirus are yet to unfold, but the magnitude is already anticipated to be huge.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Uninvoked/Unmatured Claims Can Be Treated As Valid Debt Under Insolvency Code

    A claim submitted by a creditor during the insolvency resolution process can be disputed, undisputed, matured or unmatured
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Moratorium Applicable On Proceeding U/S 34 Of The Arbitration & Conciliation Act , 1996

    In the recent judgment delivered by the Hon'ble Delhi High Court in the case of Power Grid Corporation of India Ltd. v. Jyoti Structures Ltd., the Hon'ble High Court dwelled upon the question -
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Promoter Of A Corporate Debtor Not Disqualified From Submitting A Resolution Plan Where MSME Registration Certificate Is Obtained

    On November 29, 2023, the Supreme Court of India in the case of Hari Babu Thota v. [None] [Civil Appeal No. 4422/2023] held that a promoter of a Corporate Debtor shall not be disqualified under Section 29A of the Insolvency and Bankruptcy Code, 2016.
    IndiaLitigation, Mediation & Arbitration
    Argus Partners
    Argus Partners
  • Showing 501–520 of 2111 results

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