bankruptcy code

Debts in Ancient India

Corporate Law - this modern legislation is working towards bringing a paradigm shift in the manner of resolution of distressed firms in the country, it is important to note that the practice of recovery of debt from the person of the debtor has been a common practice since the inception of insolvency law....

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Group Insolvency – The Need for Codification

Corporate Law - With the introduction of the Insolvency and Bankruptcy Code, 2016 (Code), the consolidation of fragmented laws relating to reorganisation in distressed situations, insolvency resolution to reconstitute the company's promoters, novate the loan agreements, settle dues of workmen and employees and pay the financial creditors (FCs) and operat...

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Cross Border Insolvency: Challenges and Opportunities

Corporate Law - A brief discussion about the theoretical basis for cross-border insolvency will help us to understand the issue in the proper perspective. According to Irit Mevorach, the theoretical basis for cross-border insolvency veers around three legal theories, namely Universalism, Territorialism and Modified Universalism...

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Fresh Start Process under personal insolvency provisions

Corporate Law - The Fresh Start (FS) Chapter under the personal insolvency provisions in the Insolvency and Bankruptcy Code, 2016 (Code) has generated a fair bit of controversy. Reports in the media seem to have given the impression that this is a 'loan waiver' for all small borrowers....

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Economic Aspects of Personal Insolvency

Corporate Law - New personal insolvency laws were designed to maximise the potential to promote efficiency and economic development. However, the design of a personal insolvency law and its impact on efficiency and growth are relatively less explored considering that this law is relatively new and still evolving compared to the law on corporate insolvenc...

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Report of Working Group on Group Insolvency

Corporate Law - We thank the Insolvency and Bankruptcy Board of India for providing us an opportunity of developing a framework for Group Insolvency under the Insolvency and Bankruptcy Code, 2016. We believe that the framework recommended by the Working Group would take the insolvency reform a step forward....

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IBBI prescribes CPE requirement for IP Professionals

Corporate Law - (a) An IP shall undertake CPE in compliance with these Guidelines to keep his registration valid. (b) Authorisation for assignment shall not be issued or renewed to an IP who fails to comply with these Guidelines. (c) These Guidelines shall not apply to IPs who have completed the age of 65 years....

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IBBI amends 3 Insolvency regulation effective from 23rd July 2019

Corporate Law - IBBI amends Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 and the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016...

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Cabinet approves amendments to Insolvency and Bankruptcy Code

Corporate Law - In order to provide relief to money lenders, i.e., banks and financial institutions, the Union Cabinet has given green signal on long awaited amendments to the Insolvency and Bankruptcy Code. This amendment puts red bull’s eye on timelines and maximize the value of an insolvent entity from the resolution plan as a going concern....

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Debt recovery mechanism strengthened with enactment of IBC, 2016

Corporate Law - Taking note of the recent successes in recovery of loans since the Insolvency and Bankruptcy Code, 2016 came into effect, the Survey proposes further strengthening of the National Company Law Tribunals (NCLT) and the appellate tribunal....

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Section 7 Application under IBC governed by Article 137 of Limitation Act: SC

Gaurav Hargovindbhai Dave Vs Asset Reconstruction Company (India) Ltd.& Anr. (Supreme Court) - NCLT reached the conclusion that since the limitation period was 12 years from the date on which the money suit has become due, the aforesaid claim was filed within limitation and hence admitted the Section 7 application. The NCLAT vide the impugned judgment held, following its earlier judgments, th...

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SC dismisses IL&FS Petition against La-Fin on being time-barred

Jignesh Shah & Anr. Vs Union of India & Anr. (Supreme Court of India) - Winding up petition filed in October 2016 by IL&FS Financial Services Ltd. against La-Fin before the Bombay High Court which was transferred to the NCLT with respect to the alleged default by La-Fin in not complying with its undertaking to buy back 442 lakh equity shares of MCX-SX (a group company o...

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Liquidation order of Amtek Auto Limited- Need to review provisions of IBC 2016

Committee of Creditors of Amtek Auto Ltd. Vs Mr. Dinkar T.Venkatasubramanian & Ors. (NCLAT Delhi) - Recently the Delhi bench of National Company Law Appellate Tribunal (NCLAT) has passed an order for liquidation in the case of Amtek Auto Limited. The two-judge Bench headed by Justice S J Mukhopadhya, stated in its order 'As we have noted that more than 270 days have been completed much earlier and...

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Analysis of Pioneer Judgment on constitutional validity of status of allottees as financial creditors

Pioneer Urban Land and Infrastructure Limited & Anr. Vs. Union of India & Ors. (Suprme Court) - Judgement  dated 9th August, 2019 of the Hon’ble Supreme Court of India in the matter of Pioneer Urban Land and Infrastructure Limited and Anr. Vs. Union of India & Ors. WP (C) No. 43/2019 and other petitions. While dismissing the various petitions filed by builders and upholding the constit...

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Can Adjudication of Counter Claim be stayed in Purview of Moratorium Declared on Corporate Debtor?

SSMP Industries Ltd Vs Perkan Foods Processors Pvt Ltd (Delhi High Court) - The Court held that Plaintiff’s and the Defendant’s claim needs to be adjudicated comprehensively by the same forum. Till the defence is adjudicated, there is no threat to the assets of the Plaintiff and the continuation of the counter claim would not adversely impact its assets....

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Institutional framework for regulation and development of Valuation Professionals

Press Release No. IBBI/PR/2019/28 - (08/10/2019) - Invitation of public views / suggestions on the Institutional framework for regulation and development of Valuation Professionals The Ministry of Corporate Affairs, vide its Order dated 30th August 2019, has constituted a Committee of Experts to examine the need for an Institutional framework for...

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IBC: Extension of due date to file forms related to CIRPs

Notification No. CIRP-11012/1/2019 - (30/09/2019) - It is observed that a large number of insolvency professionals have filed Forms, which were due on or before 15th September, 2019, in respect of corporate insolvency resolution processes (CIRPs) conducted by them, by close of business today, that is, 30th September, 2019...

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List of Valuation required under Companies Act 2013 & IBC 2016

No. IBBI/RVO/026/2019 - (16/09/2019) - A list of the provisions of the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016 under which valuations are required to be conducted by a registered valuer are given below. Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001 CIRCULAR No...

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Statutory Repositories under IBBI (Information Utilities) Regulations, 2017

No. IBBI/IU/025/2019 - (07/09/2019) - IBBI approves MCA 21 database of the Ministry of Corporate Affairs and the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) registry as repositories under regulation 21(2)(c)(ii) of the Insolvency and Bankruptcy Board of India (Information Utilities) Re...

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Constitution of a Committee of Experts to examine need for Institutional framework for regulation and development of valuation professionals

Order No. 12/9/2019 - PI - (30/08/2019) - Constitution of a Committee of Experts to examine the need for an Institutional framework for regulation and development of valuation professionals regarding...

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Recent Posts in "bankruptcy code"

Debts in Ancient India

this modern legislation is working towards bringing a paradigm shift in the manner of resolution of distressed firms in the country, it is important to note that the practice of recovery of debt from the person of the debtor has been a common practice since the inception of insolvency law....

Read More
Posted Under: Corporate Law |

Group Insolvency – The Need for Codification

With the introduction of the Insolvency and Bankruptcy Code, 2016 (Code), the consolidation of fragmented laws relating to reorganisation in distressed situations, insolvency resolution to reconstitute the company's promoters, novate the loan agreements, settle dues of workmen and employees and pay the financial creditors (FCs) and operat...

Read More
Posted Under: Corporate Law |

Cross Border Insolvency: Challenges and Opportunities

A brief discussion about the theoretical basis for cross-border insolvency will help us to understand the issue in the proper perspective. According to Irit Mevorach, the theoretical basis for cross-border insolvency veers around three legal theories, namely Universalism, Territorialism and Modified Universalism...

Read More
Posted Under: Corporate Law |

Fresh Start Process under personal insolvency provisions

The Fresh Start (FS) Chapter under the personal insolvency provisions in the Insolvency and Bankruptcy Code, 2016 (Code) has generated a fair bit of controversy. Reports in the media seem to have given the impression that this is a 'loan waiver' for all small borrowers....

Read More
Posted Under: Corporate Law |

Economic Aspects of Personal Insolvency

New personal insolvency laws were designed to maximise the potential to promote efficiency and economic development. However, the design of a personal insolvency law and its impact on efficiency and growth are relatively less explored considering that this law is relatively new and still evolving compared to the law on corporate insolvenc...

Read More
Posted Under: Corporate Law |

The IBC Code: A Behavioural Perspective

The IBC Code has been hailed as one of the most important economic legislation in recent times, having reformed the much-needed exit mechanism for corporates, to start with, and having addressed an important aspect of ease of doing business in the country....

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Posted Under: Corporate Law |

The IBC Code and its Behavioural Impact

To summarise, while the Code is purely a legislation that codifies the run of the rule of law governing insolvency and bankruptcy proceedings in relation to companies (insolvency of individuals is yet to be brought under the ambit of this law), its sheer operation in the ecosystem has led to various consequences on behaviour of parties in...

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Posted Under: Corporate Law |

Observing and Measuring Behavioural Change| IBC 2016

One of the most significant changes observed on implementation of the Code is the behavioural change in the stakeholders involved in the resolution process....

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Posted Under: Corporate Law |

IBC 2016 | The Code for Resolution

IBC Code is one of the most crucial reforms initiated in recent years that represents a paradigm shift for insolvency resolution in India. The Code is a game-changer in the sense that it motivates the management and promoters of firms to avoid default as their inefficiencies to operate above the optimum level may lead to shift in control...

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Posted Under: Corporate Law |

IBC 2016| The Code for Economic Growth

It might be useful to assess how the IBC Code is influencing the behaviour of various participants in the chain of economic growth. According to the author, they can be grouped into six broad categories, viz., lenders, operational creditors, borrowers, entrepreneurs, workforce and the economy at large....

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Posted Under: Corporate Law |

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