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Searching Content indexed under Insolvency/Bankruptcy by LexCounsel Law Offices ordered by Published Date Descending.
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Statutory Dues Are ‘Operational Debt' Under Insolvency And Bankruptcy Code
The Insolvency and Bankruptcy Code, 2016 is one of the most dynamic legislations in the recent times and is being interpreted by the courts to expand the ambit of the Code and also possibly provide maximum benefit ...
India
3 Apr 2019
2
Liability Of Guarantors And Possible Strategies For Mitigation Of Liability
Large unpaid debts and continuing defaults by borrowers require the banks and financial institutions to initiate proceedings for recovery of dues against the principal borrowers as well as the guarantors ...
India
21 Feb 2019
3
Back Door Entry Of The Defaulting Promoters – Inapplicability Of Section 29a Of Insolvency & Bankruptcy Code
With the introduction of the Insolvency & Bankruptcy Code, 2016, there has been a flurry of litigation before the National Company Law Tribunals and the National Company Law Appellate Tribunal ...
India
4 Jul 2018
4
Moratorium On Disposal Of Property Of Personal Guarantor Of The Corporate Debtor
The aforesaid decision follows from the appeal filed by the SBI the financial creditor, against the order of the NCLT Chennai restraining them from proceeding against the property of a personal guarantor of the...
India
12 Mar 2018
5
NCLAT: Adjudicating Authority Cannot Reject Applications Complete Under Section 10 Of The Insolvency Code By Corporate Debtors Eligible Under Section 11 Of The Code
M/s. Unigreen Global Private Limited ("Unigreen") v. Punjab National Bank ("PNB") and others followed in Leo Duct Engineers & Consultants Limited v. Canara Bank and Another
India
22 Dec 2017
7
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.
India
4 Dec 2017
8
Indian Bankruptcy Law: Appeals And Challenges To Arbital Award Cannot Stall Bankruptcy Proceedings
The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
India
15 Sep 2017
9
"Existence Of A Dispute" Under The Insolvency And Bankruptcy Code Clarified By The NCLAT
In the aforesaid case before the Appellate Tribunal, the appeal had arisen out of an order of the Tribunal (Mumbai bench) rejecting the insolvency application filed by an operational creditor.
India
26 Jun 2017
10
Insolvency And Bankruptcy Code – Meaning Of "Dispute In Existence"
With the above observations, the Bench admitted the insolvency application.
India
3 May 2017
11
The Insolvency And Bankruptcy Code, 2016 – A Brief Snapshot
The Code envisages that the insolvency resolution processes will be conducted by insolvency professionals.
India
18 May 2016
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