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  • Article

    Homebuyers Under The Insolvency & Bankruptcy Code, 2016 – A Visible Lacuna

    The Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as "The Code") was ushered in with much fervor and enthusiasm as an elixir possessing a cure to all infirmities plaguing...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S&A Law Offices
    S&A Law Offices
  • Article

    IBBI's Clarification With Reference To Regulations 18, 19 And 21 Of The CIRP Regulations On ‘Consideration Of Matters / Issues By The Committee Of Creditors On Request By Its Members'

    The Insolvency and Bankruptcy Board of India (IBBI) has issued a clarification bearing reference No.: IBBI/CIRP/2021 dated April 16, 2021
    IndiaInsolvency/Bankruptcy/Re-Structuring
VGC Law Firm
VGC Law Firm
  • Article

    IBBI Continuing Professional Education Guidelines 2025: A Step Forward In Professional Excellence For Insolvency Professionals

    On 13 August 2025, the Insolvency and Bankruptcy Board of India (IBBI) issued the Continuing Professional Education (CPE) Guidelines (Amendment) 2025, marking a significant update to the professional development framework for Insolvency Professionals (IPs).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBBI Mandates International Valuation Standards For Insolvency Proceedings: What It Means For Valuers And Insolvency Professionals

    The Insolvency and Bankruptcy Board of India (IBBI) issued Circular No. IBBI/RV/93/2026 on April 1, 2026, notifying the International Valuation Standards (IVS), as issued and updated by the International Valuation Standards Council (IVSC)...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    IBBI Notifies The IBBI (Liquidation Process) (Fourth Amendment) Regulations, 2026

    The IBBI, through notification dated 01.06.2026 has released the IBBI (Liquidation Process) (Fourth Amendment) Regulations, 2026 (“Liquidation Amendment Regulations”) to amend the IBBI (Liquidation Process) Regulations, 2016 (“Liquidation Principal Regulations”), in order to give effect to the changes brought about by the Amendment Act.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Sagus Legal
    Sagus Legal
  • Article

    IBC- Making "Doing Business In India" Easy For Foreign Trade Creditors?

    India has long recognised the right of foreign creditors to participate in the winding up of Indian companies.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    IBC - NCLAT Fortnightly Summary (June 1, 2023 – June 15, 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...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Argus Partners
    Argus Partners
  • Article

    IBC Update - Removal Of Interim Moratorium For Personal Guarantors Apples To Pending Proceedings

    The Bombay High Court recently addressed a critical question regarding the temporal application of Section 96(4) of the Insolvency and Bankruptcy Code, which removed the interim moratorium protection for personal guarantors of corporate debtors. The ruling clarifies whether this amendment applies only to fresh applications filed after its enactment or extends to insolvency proceedings that were already pending when the law changed. This decision has significant implications for creditors seeking to pursue p
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Impleadment Of MCA In Every Insolvency And Company Matters Not Mandatory- NCLAT

    In a recent decision passed in Company Appeal (AT) (Insolvency) No. 1417 of 2019, Union of India versus Oriental Bank of Commerce, the National Company Law Appellate Tribunal...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Initiation Of CIRP By Operational Creditor

    When the Corporate Debtor defaults in making payments to its creditors the process of Corporate Insolvency Resolution Process (CIRP) can be initiated against it by its creditors.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Insolvency And Bankruptcy Code – Meaning Of "Dispute In Existence"

    With the above observations, the Bench admitted the insolvency application.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Insolvency Code - Resolution Of NPAs Vis-À-Vis Defaulting Promoters

    Massive expansion and investments, primarily funded through bank loans (despite a weak promoters' equity base), has given rise to companies which have overleveraged their balance sheets.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    LexCounsel
    LexCounsel
  • Article

    Insolvency Laws: Supreme Court's Recent Judgment On Collusive Transactions

    The Supreme Court recently in Phoenix Arc Private Limited v. Spade Financial Services Ltd. and others dealt with two sets of appeals being Civil Appeal No. 2842 of 2020 and Civil Appeal No. 3063 of 2020
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Insolvency Ordinance | Moral Hazard Or Genuine Distress In M&A?

    The partly liberalized Indian economy has been aptly referred to in the Economic Survey of India 2015-16 as one that had transitioned from ‘socialism with limited entry to "marketism" without exit.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Insolvency Proceedings Against Government-owned Companies: A Step Towards Corporate Responsibility Or A Threat To Sovereign Function?

    The initiation of Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (Code) against Government-owned companies has been a contentious issue.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Fox & Mandal
    Fox & Mandal
  • Article

    Interest-Free Security Deposit In Lease Agreements: Operational Debt Or Not?

    The Hon'ble NCLAT in a significant ruling, addressed the issue that has taken place recently which revolves around the matter of Corob India Pvt. Ltd. v. Mr. Birendra Kumar Agrawal...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Interpreting Legislative Intent: SC's Ruling On Special Court's Jurisdiction Under CPC & Companies Act

    The Supreme Court of India, while dealing with the issue of the jurisdiction of the Special Court under Section 236 of the Civil Procedure Code and Section 435...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Is Value Maximisation Overriding Objective Of The Insolvency Code?

    The Insolvency and Bankruptcy Code, 2016 ("Code") one of the more significant legal reforms in India in recent times, was enacted with the objective of reorganising...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Jaypee Infratech Insolvency Case

    The Inception of Insolvency and Bankruptcy code [IB Code] was envisaged as a historical moment in the Indian corporate sector as it is a single uniform comprehensive legislation that aims...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    NCLAT's Order On Dispute Under The Insolvency And Bankruptcy Code, 2016

    However, the operational creditor must first send a demand notice or invoice to the corporate debtor, demanding the payment of the defaulted debt.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Chandhiok & Mahajan
    Chandhiok & Mahajan
  • Showing 861–880 of 2111 results

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