Mondaq India: Insolvency/Bankruptcy/Re-structuring
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Act, 2019 seeks to address critical gaps and inconsistencies in insolvency resolution timelines, payments received by operational creditors under
IndusLaw
On July 25, 2019, the IBBI notified amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and the IBBI (Liquidation Process) Regulations, 2016.
Khaitan & Co
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
AMLEGALS
The NCLAT, while relying upon Section 137 of the Limitation Act, 1963 concluded that the Appellant had approached an appropriate forum for relief in time and hence the application was not barred by limitation.
LexOrbis
This Judgment triggered for the amendments in the code by the central Government.
Khaitan & Co
Section 14 of the Insolvency & Bankruptcy Code 2016 (as amended) (IBC) imposes a moratorium on the institution of suits or continuation of pending suits or proceedings against a corporate debtor.
Dhaval Vussonji & Associates
Out of these, 300 homebuyers attend a meeting of the CoC and 270 of such homebuyers, vote in favour of a particular agenda.
VGC Law Firm
There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
AMLEGALS
In this case a winding up petition was filed before the Madras High Court as the Appellant had outstanding dues against the services provided by the Respondent.
AMLEGALS
This occurred when CIRP had already been initiated against the Plaintiff.
Cyril Amarchand Mangaldas
The Insolvency and Bankruptcy Code, 2016 (IBC) has been widely considered a landmark legislation that has brought about a paradigm shift in the recovery and resolution process.
Nishith Desai Associates
Amendments to the Insolvency and Bankruptcy Code, 2016 have been cleared by the Cabinet.
DMD® ADVOCATES
It gives us immense pleasure to circulate this special edition of DMD Advocates' Newsletter focusing on recent developments in the Insolvency and Bankruptcy law in India.
Khurana and Khurana
It is better to have one codified legislation than multiple to deal with the aspects of a company which can have a singular umbrella.
Khurana and Khurana
The existence of I&B Code has systemized the process of insolvency but in this process, there is no statement as to differentiation among the different creditors while repaying the debt.
Khurana and Khurana
IBC encompasses the provision of an early insolvency process, the process for insolvency of a company which can be initiated at the time when an alarm is raised as to the default in repayment of loans by the Company.
Khurana and Khurana
It was enforced on 1 June 2016.Code of Civil Procedure is followed by both the Tribunal and Appellate Tribunal.
Duff and Phelps
The cross-border insolvency framework released for discussions encompasses coordination and cooperation among statutory authorities of different jurisdictions in respect of the insolvency proceedings of any single corporate debtor.
Duff and Phelps
It is critical to identify the nature of distress.
Link Legal India Law Services
A member is Present at the CoC meeting however, the Member abstains from voting on a resolution.
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VGC Law Firm
The default referred to herein above is in respect of a financial debt owed to any financial creditor.
VGC Law Firm
The same have been briefly discussed in the present article.
Dhaval Vussonji & Associates
In contrast, the definition of operational debt is exhaustive in nature to mean inter alia a claim in respect of the provision of goods or services including employment.
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.
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.
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, ...
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, ...
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.
King, Stubb & Kasiva
In case of cash flow insolvency the company is unable to pay debt as it falls due and in balance sheet insolvency the total liability exceeds its realisable assets.
Cyril Amarchand Mangaldas
The Insolvency and Bankruptcy Code, 2016 (IBC) has been widely considered a landmark legislation that has brought about a paradigm shift in the recovery and resolution process.
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