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Searching Content indexed under Insolvency/Bankruptcy by Singh & Associates ordered by Published Date Descending.
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1
Mandatory For Financial Institutions To Check Revival Before Moving For Liquidation
Re-establishes the fact that the circulars/directives issued by the Reserve Bank of India from time to time are statutory in nature and are binding on all financial institutions;
India
10 Apr 2019
2
Amendment By Other Authorities
The Reserve Bank of India vide its circular dated 07.02.2019 (A.P. (DIR Series) Circular No. 18) has relaxed the applicability of External Commercial Borrowing guidelines in respect to borrowing to be arranged by ...
India
13 Feb 2019
3
Circulars Issued
IBBI issued a circular on 17 October, 2018 directing that with effect from 1 February, 2019, no Insolvency Professional shall appoint a person other than a Registered Valuer to conduct any valuation under the Code or any of the regulations made thereunder.
India
13 Feb 2019
4
Other Amendments
In August 2018, many new changes were introduced in the Code...
India
13 Feb 2019
5
Orders Under Insolvency And Bankruptcy Code 2016 W.R.T Corporate Persons
The Division Bench of Supreme Court while hearing an appeal against the order of NCLAT in the matter of Vijay Kumar Jain versus Standard Chartered Bank & Ors., Civil Appeal NO.8430 OF 2018 allowed the appeal ...
India
13 Feb 2019
6
CIRP Regulation Amendments
The Insolvency and Bankruptcy Board of India vide its notification No. IBBI/2019-20/GN/REG040 introduced the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2019 ...
India
13 Feb 2019
7
Withdrawal Of The Resolution Process: Taking A Step Back
The law of insolvency and bankruptcy is in its evolving phase, learning from the past slipups and longing for its improvement for the future.
India
16 Jan 2019
8
Application Of Limitation Act On Bankruptcy Code
The Insolvency & Bankruptcy Code was enacted in the year 2016. Since then there have been divergent views regarding the application of the Limitation Act, 1963, to the proceedings under the Insolvency & Bankruptcy Code, 2016.
India
5 Dec 2018
9
Case Analysis To Clarify The Applicability Of Moratorium On Personal Guarantor Under Section 14 Of The Insolvency And Bankruptcy Code
Mr. V Ramakrishna, the managing director of the company signed a personal guarantee in favor of State Bank of India.
India
4 Dec 2018
10
Case Note: Settlement For Repayment Between Builder And Buyer Is "Financial Debt"
The deduction of tax at source is a statutory obligation and the Income Tax Act does not make a classification as to the payment of interest.
India
27 Nov 2018
11
Insolvency Laws For Corporate Persons: Position Under Companies Act, 2013 Vis-À-Vis Insolvency & Bankruptcy Code, 2016
Thus, certain winding up proceedings will now be governed by the provisions of 2013 Act and certain under the Code.
India
27 Nov 2018
12
Liquidation Value Of The Asset In The Resolution Plan
After the submission of the valuers reports, the average of the two closest estimates shall be considered the liquidation value.
India
27 Nov 2018
13
Applicability Of Limitation To The Insolvency And Banruptcy Code, 2016
The Law of Limitation has been on the talks in context to whether it shall be applicable to the Insolvency and Bankruptcy Code, 2016 ("IBC, 2016") since its very beginning.
India
26 Nov 2018
14
Case Note: Moratorium Prohibits Invocation Of Corporate Guarantee Against Corporate Debtor
The Hon'ble Adjudicating Authority (National Company Law Tribunal, Principal Bench, New Delhi) in the case of Axis Bank Limited and Another v. Edu Smart Services Private Limited (decided on 27.10.2017) ...
India
26 Nov 2018
15
The Insolvency And Bankruptcy (Amendment) Ordinance, 2017
On 23th November 2017, the President of India has promulgated the Insolvency and Bankruptcy (Amendment) Ordinance, 2017 ("the Ordinance").
India
26 Nov 2018
16
Selecting A Resolution Plan – Discretionary Or Obligatory For Committee Of Creditors?
The Insolvency and Bankruptcy Code envisages that upon the Corporate Insolvency Resolution Process being triggered a moratorium is applicable on all proceedings against the Corporate Debtor ...
India
26 Nov 2018
17
The Affirmation Of Timelines Under The Insolvency And Bankruptcy Code
The Honorable Supreme Court of India on September 19, 2017 affirmed the order passed by the National Company Law Appellate Tribunal "NCLAT" in the case of Surendra Trading Company v. Juggilal Kamlapat Jute Mills ...
India
23 Nov 2018
18
Insolvency Resolution Process: Who Is Authorized To Initiate?
A question arises as to who can file application under the Code on behalf of the Companies or Corporate Persons as they are juristic entities.
India
23 Nov 2018
19
Case Note: Section 14 IBC- A Bar For Proceedings Against Guarantor Before Debt Recovery Tribunal (DRT)
In the case of Sanjeev Shriya v. State Bank of India and Ors. Writ C No. 30285 of 2017 connected with Deepak Singhania and Another v. State Bank of India, Writ C No. 30033 of 2017, the Hon'ble Allahabad High Court ...
India
23 Nov 2018
20
Recent Orders Under Insolvency And Bankruptcy Code, 2016
The NCLAT, while allowing the appeal, observed that the amended Resolution Plan was in consonant with the section 30(2) of the Code, 2016.
India
8 Aug 2018
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