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The enactment of the Insolvency and Bankruptcy Code (IBC) in 2016 has introduced significant reforms to the insolvency framework in India. It provides an efficient mechanism for resolving distressed assets and reviving financially distressed companies. The IBC has the potential to influence mergers and acquisitions (M&A) as an attempt to revive an insolvent company. Understanding […]
The Insolvency and Bankruptcy Code, 2016 (the IBC) and the Insolvency and Bankruptcy Board of India (Grievances and Complaints under IBC Handling Procedure) Regulations, 2017 (hereon forward known as “the IBBI Grievance and Complaint Handling Procedure Regulations, 2017”) provides for grievance redressal and enforcement framework for the service providers. Having a robust grievance redressal system […]
The Insolvency and Bankruptcy Code, 2016 was established to resolve the financial issues of the corporate debtor as a going concern. It is crucial to treat the corporate debtor as a viable business that can continue operating and be sold as a whole unit. But what is the need for continuing an insolvent company that […]
Insolvency laws in India have strict regulations regarding document submission, the responsibilities of insolvency professionals, actions of all stakeholders, legal requirements, and procedural necessities. Failing to non compliance with IBC regulations has several consequences, such as monetary penalties and possible imprisonment. Understanding Section 186 of the Companies Act Section 186 of the Companies Act, 2013 […]
When the resolution process fails, the insolvency framework in India mandates that the company’s assets be liquidated. Receivership vs Liquidation are two processes for addressing financially distressed companies. This article delves into the distinctions between the Receivership vs Liquidation What Is Liquidation? The Insolvency and Bankruptcy Code, 2016 (IBC) does not define “liquidation”. According to […]
The Insolvency and Bankruptcy Code, 2016 (IBC) aims to revive, restructure, or rehabilitate insolvent companies. Insolvent companies face several legal and financial issues, which they overcome with the aid of other professionals and entities. Asset Reconstruction Companies (ARCs) are one of the many options available to them. What Are Asset Reconstruction Companies (ARCs)? Asset Reconstruction […]
Key aspects of UNCITRAL (United Nations Commission on International Trade Law) plays a crucial role in international insolvency law through its Model Law on Cross-Border Insolvency, which was approved by the United Nations General Assembly through a resolution in 1997. The Model Law allows for nations to alter, exclude, or include certain provisions in addition […]
The main aim of the  Insolvency and Bankruptcy Code, 2016 (IBC) is to resolve the financial issues of the corporate debtor in a time-bound manner. Section 61 of the IBC provides the statutory right to appeal against the order of the Adjudicating Authority. Under this section, the Limitation in filing appeal under the IBC can […]
In the insolvency framework, good faith in insolvency is represented by the actions of the parties involved in the resolution process. For instance, under the Insolvency and Bankruptcy Code, 2016 (IBC) a creditor has to disclose all relevant information about their debt when filing a claim, an insolvency professional must act impartially, and a debtor […]
Insolvency and restructuring procedures involves financial considerations in addition to the legal proceedings and costs. But environmental sustainability require more than just financial backing as it affects general public as well. Environmental claims are proceesed under the corporate insolvency resolution process, but they are difficult to be part of insolvency proceedings as they are unliquidited […]
