Your blog category
The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted to consolidate and amend the laws relating to the reorganisation and insolvency resolution of corporate debtors in a time-bound manner for the maximisation of the value of assets of such debtors. Its primary function is to provide a solution to companies in financial distress. However, the […]
Insolvency leads to insolvency proceedings under the Insolvency and Bankruptcy, Code, 2016, and legal action is taken against the insolvent person or entity. For the insolvency and the healthcare sectorcauses many issues other than financial and legal challenges. Knowing about insolvency allows stakeholders to identify early warning signs, implement restructuring strategies, and protect patient access […]
An individual or a partnership firm is bankrupt when it is unable to meet its financial obligations and has insufficient assets to cover its debt. The corporate debtor initiates the bankruptcy procedure by filing a petition with the Adjudicating Authority, the National Company Law Tribunal (NCLT). The NCLT will assess and value the debtor’s assets, […]
The Hon’ble Supreme Court in Vishal Chelani and others v. Debashish Nanda held that Homebuyers under RERA and IBC cannot be treated differently from other financial creditors under the Insolvency and Bankruptcy Code, 2016 (IBC) merely because they have obtained orders from the authorities under the real estate laws in India. The insolvency framework under […]
The platform of a robust business environment is having effective corporate governance. Since its establishment, Role of IBC in Corporate Governance Insolvency and Bankruptcy Code, 2016 (IBC)Â has had a significant impact on reviving, restructuring, or rehabilitating companies in financial distress. In addition to this, it has emerged as a vital instrument in advanced corporate […]
The insolvency process is designed to streamline the insolvency and liquidation proceedings in a time-bound manner. The resolution professional utilise forensic audit to ensure the insolvency or liquidation proceedings are fair and transparency, identifying any transactions by the corporate debtor that may affect the recovery of its creditors. What is a Forensic Audit? A forensic […]
The Four Pillars of the Insolvency and Bankruptcy Code, 2016 (IBC), is a legislative framework for corporate debtors’ insolvency, bankruptcy, or liquidation. This framework consists of four pillars that have important roles during the corporate insolvency resolution process (CIRP). In this blog, we will delve into the four pillars of this institutional infrastructure and understand […]
Link between section 230 of the Companies Act and IBC are important legislations that have a bearing on insolvency, restructuring, and other matters. Although the aims of both are different in their scope and processes, they are similar in their end goal, to restructure companies and avoid bankruptcy while balancing the interests of all stakeholders. […]
During the resolution process, an essential element is a public announcement. Only after the Public Announcement in the IBC Process of the initiation of the corporate insolvency resolution process and the call for submission of the creditor’s claims, can the moratorium period officially begin. What is a Public Announcement in CIRP? Public notice is a […]
The core of the success of implementing insolvency laws is the concept of valuations. These Valuation Experts have an important role in determining the fair market of assets and liabilities during the corporate insolvency resolution process (CIRP) and are calculated and analysed by valuation experts. Overview of the IBC Process When the corporate debtor faces […]
