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  • Article

    NCLAT observations On The Insolvency And Bankruptcy Code, 2016- Innoventive Industries Ltd v. ICICI Bank

    With effect from December 2016, the corporate insolvency resolution provisions of the Insolvency and Bankruptcy Code, 2016 were notified.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Chandhiok & Mahajan
    Chandhiok & Mahajan
  • Article

    NCLAT Rules That Registration Of Charge Is Not Mandatory To Claim As A 'Secured Creditor' Under The Corporate Insolvency Resolution Process

    In the case of Home Kraft Avenues v. Jayesh Sanghrajka, Resolution Professional ("RP") of Ornate Spaces Private Limited ("Corporate Debtor") and Ors...
    IndiaInsolvency/Bankruptcy/Re-Structuring
Khaitan & Co.
Khaitan & Co.
  • Article

    New Adjudicating Authority For Corporate Insolvency Proceedings

    The NCLT was recently announced as the adjudicating authority for insolvency proceedings relating to companies, limited liability partnerships and other body corporates under the Insolvency and Bankruptcy Code 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Noose Tightened By The Insolvency Laws

    The resolution plan should come from resolution professional or any person, who can really rescue the insolvent business
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Once Default Of Payment Has Been Established, An Application Filed Under Section 7 Of The IBC Must Be Admitted

    The Supreme Court of India ("Supreme Court") has in M. Suresh Kumar Reddy v. Canara Bank & Ors1 reiterated that upon being satisfied of the occurrence of a default in making payment by a corporate...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Personal Guarantors To Corporate Debtors: A Guide To Insolvency Resolution Under IBC

    The Insolvency and Bankruptcy Code (IBC), 2016, provides a robust legal framework to resolve insolvency and ensure the timely reorganization of debts.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Proposed Pre-Packaged Regulations Can Revolutionize Insolvency Proceedings

    The IBC was enacted in 2016 to solve myriad issues related to reorganizations and bankruptcy procedures, including multiple and inconsistent laws, delays in providing resolution, and a lack of simplified processes.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dua Associates
    Dua Associates
  • Article

    Proposed Suspension Of Fresh Initiation Of Insolvency Proceedings For Up To One Year

    As a part of a series of relief measures in response to the current pandemic situation, the Finance Minister of India has announced on May 17, 2020 a proposed suspension of fresh initiation...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&R Associates
    S&R Associates
  • Article

    Recovery Certificate Under Debt Recovery Act Is Not Limited To Winding Up Proceedings Only But Extends To IBC: Clarifies Supreme Court

    Recently, the Hon'ble Supreme Court in the case of Kotak Mahinda Bank Limited vs A. Balakrishnan & another (Civil Appeal No.689 of 2021) has held that any liability arising out of a recovery certificate needs to be treated as financial debt ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dentons
    Dentons
  • Article

    Recovery Of Possession By MHADA During CIRP

    Insolvency and Bankruptcy Code, 2016 ("IBC") has been enacted by the legislature with an intent to revive and rehabilitate companies with a view to maximize value for all stakeholders.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Regulatory Bodies, Industry Participants Raise Objections To New Bankruptcy Bill

    The Financial Resolution and Deposit Insurance Bill 2017 (Bill), which has been referred to a Joint Parliamentary Committee of both the Houses (Joint Committee) in early October 2017, has recently attracted much attention.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Tuli & Co
    Tuli & Co
  • Article

    Restructuring & Insolvency Monthly Update | May 2022

    The Insolvency and Bankruptcy Board of India (IBBI), in exercise of powers conferred under Section 196 read with Section 240 of the Insolvency and Bankruptcy Code, 2016...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Restructuring & Insolvency Monthly Update | October 2021

    In exercise of the powers conferred by Clause (t) of sub-Section (1) of Section 196 read with Section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) (IBC)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Revision Of CIRP Regulations To Streamline Corporate Insolvency Resolution Process

    On 15 February 2024, the Insolvency and Bankruptcy Board of India (IBBI) notified the Insolvency and Bankruptcy Board of India...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Speculative Buyer/Investor, Not A Financial Creditor Neither An Allottee, Under IBC

    Recently, the NCLAT in an appeal filed by Naman Infradevelopers Pvt Ltd ("Appellant") against Metcalfe Properties Pvt Ltd ("Corporate Debtor") under Section 61 of the Insolvency & Bankruptcy Code, 2016...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Streamlining Liquidation: Key Changes To The Liquidation Regulations

    On 12 February 2024, the Insolvency and Bankruptcy Board of India (IBBI) introduced the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Strengthening Creditor Remedies: NCLAT On SARFAESI Notices And Personal Guarantee

    This article analyses the decision of the Hon'ble National Company Law Appellate Tribunal, Principal Bench, New Delhi, in Ujwal Gupta v. Union Bank of India & Anr.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Strengthening Insolvency Outcomes: IBBI's New Framework For Resolution Plan Implementation

    The Insolvency and Bankruptcy Board of India (IBBI) has introduced the much needed proposal to enhance transparency and efficiency in implementing resolution plans...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Summary Of IBBI (Corporate Persons) Fourth Amendment Regulations, 2025

    This notification by the Insolvency and Bankruptcy Board of India (IBBI), dated 26th May 2025, amends the Insolvency Resolution Process for Corporate Persons Regulations...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Corporate Professionals - Advisors & Advocates
    Corporate Professionals - Advisors & Advocates
  • Article

    Supreme Court: Arbitral Claims Extinguished Upon Approval Of Resolution Plan

    The Supreme Court of India ("Supreme Court") in the case of Electrosteel Steel Limited vs. Ispat Carrier Private Limited1, held that upon approval of an insolvency resolution plan...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Showing 641–660 of 2111 results

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