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  • Article

    India's Supreme Court Blesses Personal Guarantor Insolvency Provisions

    In response, the respondents argued that inserting an adjudicatory stage at the time of the RP's appointment in an IRP would hinder its time-bound nature.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Majmudar & Partners
    Majmudar & Partners
  • Article

    Insolvency & Bankruptcy Code: Government Entities Bound By Provisions Of Resolution Plan Thus Forbidden From Initiating/continuing Proceedings Not Forming A Part Of The Plan

    In a recent decision, the National Company Law Appellate Tribunal, Chennai Bench (NCLAT) held that the claims as provided in the resolution plan shall stand frozen and will be binding...
    IndiaInsolvency/Bankruptcy/Re-Structuring
Phoenix Legal
Phoenix Legal
  • Article

    Insolvency And Bankruptcy Code (Amendment) Act 2020: Home Buyer's Remorse?

    The Supreme Court of India in the recent judgment of Manish Kumar and others vs. Union of India , ruled against a group of allottees of real-estate projects who had challenged the amendments to the Insolvency and Bankruptcy Code Act 2020.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Interim Moratorium Under The Insolvency And Bankruptcy Code 2016 Will Impact The Pending Proceedings Under The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 Despite Secured Lender Having Possession Of The Asset

    On July 2, 2024, the Hon'ble Delhi High Court ("Delhi HC"), in the case of Sanjay Dhingra vs. IDBI Bank Limited and Ors, has held that the proceedings under the Securitisation and Reconstruction ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Monthly Newsletter - January 2021

    With global economies and businesses transcending boundaries, national laws limited by territorial borders find themselves engulfed in constant strife when it comes to cross-border disputes.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AKS Partners
    AKS Partners
  • Article

    Moratorium Prohibits Recovery Proceedings Of Customs Duty Against Corporate Debtor: Supreme Court

    The 3-Judge Bench of the Supreme Court (SC) in its judgment dated 26 August 2022, in Sundaresh Bhatt, Liquidator of ABG Shipyard v. Central Board of Indirect Taxes and Customs, Civil Appeal No. 7667/2021...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Order Of Appointment Of Liquidator Will Not Create Any Bar On The Applicability Of The Insolvency And Bankruptcy Code, 2016 : NCLT

    The account of the corporate debtor was declared as Non-Performing Asset on 31.12.2013.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    VGC Law Firm
    VGC Law Firm
  • Article

    Pre-Pack Insolvency Resolution Process For The MSMEs

    The advent of the Insolvency and Bankruptcy Code, 2016 ("IBC") has led to a transformative turnaround in the corporate distress resolution framework of India.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Pre-Packaged Insolvency Process For MSMEs

    Micro, small and medium enterprises ("MSME") have been contributing greatly to the growth of the Indian economy including by way of employment generation.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Krishnamurthy & Co
    Krishnamurthy & Co
  • Article

    Pre-Packs Save Financially Distressed Companies

    A pre-packaged administration is a pre-planned insolvency procedure wherein a company arranges to sell its assets to a buyer prior to filing for insolvency
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Alpha Partners
    Alpha Partners
  • Article

    Restructured Debt And The Survival Of Registered Charges: NCLAT Affirms Secured Creditor Status In The Absence Of Post-Restructuring ROC Modification

    The National Company Law Appellate Tribunal delivered a landmark ruling on whether credit facilities restructured under RBI guidelines retain their secured status during liquidation proceedings without corresponding modification of charge registration. The judgment addresses the complex interplay between corporate debt restructuring, charge registration requirements under company law, and the insolvency resolution framework, establishing critical precedents for consortium lending practices.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Restructuring & Insolvency Monthly Newsletter | April 2021

    The President of India has promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 (The Ordinance) on April 04, 2021, to allow pre-packaged insolvency resolution process...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Restructuring & Insolvency Monthly Update | August 2022

    V. Hotels Ltd (Corporate Debtor) had executed a Loan Agreement in March 2002 with a consortium of banks consisting of Bank of India, Punjab National Bank, Union Bank of India, Vijaya Bank...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Supreme Court On Innoventive Industries: Recognition Of Paradigm Shift In Insolvency Law

    In its first detailed ruling on some of the substantive legal questions under the Insolvency and Bankruptcy Code, 2016 (Code), the Hon'ble Supreme Court (Apex Court) has delivered a landmark order...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Upholds NCLAT Judgment Ruling That Insolvency Proceedings May Be Invoked Against Corporate Guarantor Before Proceeding Against The Principal Debtor

    The appellants submitted that while the Code includes the concept of a ‘personal guarantor', it does not recognize the concept of a corporate guarantor.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Insolvency & Bankruptcy Code 2016 – The Dawn Of A New Era

    With the promulgation of the Insolvency and Bankruptcy Code, 2016 ("IBC"), India gains a comprehensive legislation which deals with insolvency and bankruptcy of companies, "LLPs", individuals and partnership firms.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    The Insolvency And Bankruptcy Code In 2019 : Recent Amendments And Key Judgments

    The Insolvency and Bankruptcy Code ("IBC") had attracted interests of NPA-laden Indian Banks, entrepreneurs (Indian and International), and professionals like CAs CS and lawyers alike.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Rajani Associates
    Rajani Associates
  • Article

    The Loan Moratorium Judgment: Key Takeaways

    The Supreme Court (SC) vide Judgment dated March 23, 2021, in the matter of Small-Scale Industrial Manufactures Association (Regd.) v. Union of India & Ors...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Time Is The Essence Of The Corporate Insolvency Resolution Process: Supreme Court Of India.

    The Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016 cannot be allowed to lapse into an indefinite delay defeating the very object of the law.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Phoenix Legal
    Phoenix Legal
  • Article

    Analyzing The Impact Of The Supreme Court's Decision To Strike Down The Electoral Bonds Scheme: Safeguarding Democratic Principles And The Right To Information

    The Supreme Court's unanimous decision on February 15, 2024, to strike down the Union government's 2018 Electoral Bonds Scheme marked a significant milestone in Indian jurisprudence.
    IndiaLitigation, Mediation & Arbitration
    Karanjawala & Company
    Karanjawala & Company
  • Showing 941–960 of 2111 results

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