Mondaq India: Insolvency/Bankruptcy/Re-structuring
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 ...
Singh & Associates
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 ...
Singh & Associates
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.
Singh & Associates
In August 2018, many new changes were introduced in the Code...
Dhaval Vussonji & Associates
Interestingly, the Resolution Applicant also filed an application for withdrawal of the Resolution Plan before the NCLT
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VGC Law Firm
The same have been briefly discussed in the present article.
IndusLaw
The Specific Relief (Amendment) Act, 2018 (the "Amendment Act") amending the provisions of the Specific Relief Act, 1963 (the "Act") came into force on August 1, 2018.
AMLEGALS
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, ...
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 NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
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 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
2018 proved to be a constitutional litmus test for the Insolvency and Bankruptcy Code, 2016, with ten writ petitions and one special leave petition assailing the constitutional validity of the Code.
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