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  • Article

    Classification Of Corporate Guarantees As Financial Debt Under The Insolvency And Bankruptcy Code

    A May 2026 ruling has clarified that corporate guarantees backed by security qualify as 'financial debt' under Section 5(8) of the Insolvency and Bankruptcy Code. This article analyses the legal reasoning, its implications for resolution applicants, financial creditors, and corporate groups, and the broader impact on insolvency restructuring and credit markets in India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Cross-Border Insolvency To Provide For Restructuring Of Group Companies As A Single Entity

    The cross-border insolvency framework released for discussions encompasses coordination and cooperation among statutory authorities of different jurisdictions in respect of the insolvency proceedings of any single corporate debtor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
Duff and Phelps
Duff and Phelps
  • Article

    Debt Restructuring In India Post Covid-19

    The entire world is currently witnessing an unprecedented scenario due to the advent of Covid-19. The global economies have subjected themselves to lockdown and have resorted to social ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Rajani Associates
    Rajani Associates
  • Article

    Drawing The Line: NCLAT Clarifies The Boundary Between Debt Recovery And Insolvency Law In JS Steel Co. Ltd. And Amod Stampings Private Limited

    A South Korean steel supplier's attempt to use insolvency proceedings against an Indian manufacturer was rejected by the NCLAT, which found that pre-existing quality disputes over rusted steel coils precluded the use of the Insolvency and Bankruptcy Code as a debt recovery mechanism.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Ease Of Doing Business At Risk If Issue Of Appointments To Tribunals Is Not Resolved

    Only by shoring up the insolvency mechanism and tackling huge pendency of cases can confidence of creditors be restored.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dua Associates
    Dua Associates
  • Article

    Empowering MSMEs: Specialized Insolvency Frameworks For Resilience And Growth

    Micro, Small, and Medium Enterprises are the bedrock of India’s economic ecosystem, contributing 30% to the national GDP, over 45% to India’s exports and employing over 24 crore individuals, according to the Annual Report 2024–25 of the Ministry of MSME.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    Enhanced Focus On Disclosure Of Tax Losses In The Information Memorandum (IM)

    The Insolvency and Bankruptcy Code, 2016 was introduced to facilitate and streamline the process for revival of business and maximizing asset value by providing a framework for either the resolution of financial stress of the corporate debtor, ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Fully And Compulsorily Convertible Debenture Is A ‘Financial Debt' Under The IBC

    The Insolvency & Bankruptcy Code 2016 (IBC) defines a ‘Financial Debt' under §5(8) as being essentially a debt which is disbursed against consideration for time value of money.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Tuli & Co
    Tuli & Co
  • Article

    How Does The Corporate Insolvency Code In India Measure With The UK?

    A vast majority of the legal systems in the Commonwealth countries are founded on English common law.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Ernst & Young
    Ernst & Young
  • Article

    IBBI's Proposal For Enhancing Resolution Framework

    As the Insolvency and Bankruptcy Code, 2016 (Code) is on the brink of hitting a decade in operation, we are now seeing the focus of the Insolvency and Bankruptcy Board of India...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    IBBI (Insolvency Professionals) (Second Amendment) Regulations, 2025 : An Analysis

    The Insolvency and Bankruptcy Board of India ("Board"), vide Notification No. IBBI/2025-26/GN/REG132 dated 20 November 2025 and published in the Gazette of India on 21 November 2025...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBBI Notifies Key Amendments To CIRP Regulations

    The Insolvency and Bankruptcy Board of India (IBBI) has notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    IBBI Proposes Amendments To The CIRP Regulations, 2016

    On November 1, 2023, the Insolvency and Bankruptcy Board of India ("IBBI") has published a discussion paper ("Discussion Paper") on amendments proposed to the IBBI...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    IBC And RBI Guidelines Are Two 'Disjoint Sets', Question Of Prevalence Of One Over The Other Does Not Arise

    India v. SREI Infrastructure Finance Ltd., held that the Insolvency and Bankruptcy Code, 2016 (IBC) and the RBI Guidelines do not prevail over each other as they have different scope and purpose.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    IBC: Can IRPs And RPs Unilaterally Amend Existing Contracts Executed By Debtors?

    The Insolvency and Bankruptcy Code, 2016 (IBC) aims to revive debtor entities facing financial stress.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Indian Insolvency Quarterly Roundup - January To March 2022

    In recent times, several noteworthy judgments have been rendered by the Indian courts and tribunals in matters involving the insolvency law framework.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Insolvency In Times Of COVID-19

    In India, the Corporate Insolvency Resolution Process (hereinafter referred to as ‘CIRP') is governed under the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘Code').
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Introduction Of Guidelines For The Committee Of Creditors – A Step In The Right Direction

    The Insolvency and Bankruptcy Code, 2016 (Code) is an ever-evolving legislation aligned with the economic needs of the country.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Kick-Starting The Bankruptcy Code: Regulations Governing Insolvency Professionals (IPs) And Insolvency Professional Agencies (IPAs) Notified

    The Insolvency and Bankruptcy Code, 2016, a landmark legislation consolidating the regulatory framework governing the restructuring and liquidation of persons was enacted into law by the Parliament on 11 May 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Liability Of Personal Guarantors Under The Insolvency And Bankruptcy Code, 2016

    Personal guarantees occupy a critical but often misunderstood space within the Indian insolvency framework. A common assumption among borrowers and even legal practitioners is that a personal guarantor bears only a secondary obligation, one that is triggered only after all remedies against the principal borrower have been exhausted.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Showing 541–560 of 2111 results

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