Mondaq All Regions - India: Insolvency/Bankruptcy/Re-structuring
Nishith Desai Associates
Lessons Learnt From Essar Insolvency Resolution
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("IBC") deals with reorganisation and insolvency resolution of corporate persons
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
Cyril Amarchand Mangaldas
The Supreme Court's decision in K. Sashidhar v. Indian Overseas Bank and Ors.[1]addressed a critical issue in the corporate insolvency resolution process – i.e. the scope of judicial scrutiny over a commercial decision taken by ...
L&L Partners
"Stare Decisis" has been defined under the Black's Law Dictionary as "to abide by, or adhere to, decided cases".
L&L Partners
It therefore becomes relevant, and important, to understand the concept of a ‘pre-packaged bankruptcy' and its pros and cons.
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
Nishith Desai Associates
NCLT Imposes penalty on the Petitioner for attempting to initiate CIRP based on incorrect facts and false information
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims.
Khaitan & Co
The appellants submitted that while the Code includes the concept of a ‘personal guarantor', it does not recognize the concept of a corporate guarantor.
Vaish Associates Advocates
Secured creditors are innocent parties and Rights of the secured creditors have been hampered by the attachment of properties.
Clarus Law Associates
The Supreme Court of India has clearly protected the Insolvency and Bankruptcy Code, 2016 from various constitutional challenges in its much-publicised recent judgment in Swiss Ribbons Pvt. Ltd. & Anr. V. Union of India & Ors.
IndiaLaw LLP
Bankruptcy Code – Public Announcements – Monday - February 18, 2019
Dhir & Dhir Associates
Insolvency and Bankruptcy Code is a time-bound process for restructuring and revival of a Debtor Company, which involves the Committee of Creditors , Interim Resolution Professional/Resolution Professional and the Adjudicating Authority.
Spectrum Legal
The Supreme Court recognised the significant change in the trigger mechanism for a financial creditor‘s application under the Code.
Nishith Desai Associates
In IDBI Bank Ltd. v. Jaypee Infratech Ltd1, the Allahabad Bench of the National Company Law Tribunal ("NCLT") has held that certain mortgages created by Jaypee Infratech Ltd. ("JIL")
Nishith Desai Associates
A claim submitted by a creditor during the insolvency resolution process can be disputed, undisputed, matured or unmatured
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
VGC Law Firm
The DRT admitted the said applications and passed a decree in favor of the bank.
Nishith Desai Associates
Section 29A was introduced in the Insolvency and Bankruptcy Code 2016 (IBC) in 2017 to prevent certain kinds of persons, painted tainted under the law ...
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The amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause.
Dhaval Vussonji & Associates
In our earlier article titled, "Homebuyers now Financial Creditors: Too many cooks spoil the resolution process?", we analysed the impact of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, ...
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Clarus Law Associates
On 11.10.2018, a division bench of the Hon'ble Supreme Court of India comprising of Justice R.F. Nariman and Justice Navin Sinha in the matter of B.K. Educational Services Private Limited v Parag Gupta And Associates, ...
Fair & Just Legal Solutions LLP
The NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
VGC Law Firm
It is apparent from the ongoing practice that IRPs consider the date of receipt of order as the date of the appointment.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
S.S. Rana & Co. Advocates
The amendments to the IBC have made an attempt to ensure that only viable resolution plans from credible sources are accepted.
IndusLaw
Earlier this month, the Supreme Court of India (the "SC") passed a much-awaited judgment concerning the eligibility of resolution applicants for Essar Steel India Limited.
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 brings about significant changes to improve the insolvency resolution framework in India.
Singh & Associates
Insolvency and Bankruptcy Code, 2016 is enacted to consolidate and amend laws pertaining to insolvency and resolution. Part Ii of the Code deals with the Insolvency Resolution and Liquidation for ‘Corporate persons'.
Spectrum Legal
The Supreme Court recognised the significant change in the trigger mechanism for a financial creditor‘s application under the Code.
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