Mondaq All Regions - India: Insolvency/Bankruptcy/Re-structuring
S.S. Rana & Co. Advocates
The insolvency professional, who is the choice of the highest number of creditors in the class, is appointed as the authorised representative of the creditors of the respective class.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Code, 2016,1 provides that only in cases where no disciplinary proceedings are pending against the insolvency professional that he/ she may be appointed as interim resolution professional, ...
Khaitan & Co
At this juncture, after the Appellant appealed against the decision of the NCLAT.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("IBC") is one of the biggest economic reforms in the Indian history.
AMLEGALS
The Insolvency and Bankruptcy Code has replaced the ‘debtor centric' insolvency regime with the ‘creditor centric' insolvency regime.
S.S. Rana & Co. Advocates
Resulting takeovers with restructuring the basic framework to move with new wave.
L&L Partners
Quite recently, Hon'ble National Company Law Appellate Tribunal ("NCLAT/ Appellate Authority") while deciding the issue, "whether the order of moratorium will cover a criminal proceeding under Section 138 of NI Act...?"...
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Code, 2016 undergoes yet another amendment to ensure enforcement of the provisions of the Code aiming towards the fulfilment of its objective of time-bound resolution process.
Khaitan & Co
Khaitan & Co advised Liberty House Group in relation to insolvency resolution of ARGL Limited under the Insolvency and Bankruptcy Code, 2016.
Khaitan & Co
Khaitan & Co advised Liberty House Group in relation to insolvency resolution of Castex Technologies Limited under the Insolvency and Bankruptcy Code, 2016.
Nishith Desai Associates
Recently, the Supreme Court of India ("Supreme Court") in K. Kishan v. M/s Vijay Nirman Company P. Ltd., has considered whether the Insolvency and Bankruptcy Code, 2016 ("the Code") can be invoked in respect of an operational debt where the arbitral award passed against the operational debtor creating such debt, is pending challenge under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act").
S.S. Rana & Co. Advocates
In order to tackle the problem of unscrupulous debtors escaping and delaying the repayment of debts, the Government of India brought forth the Insolvency and Bankruptcy Code, 2016.
Nishith Desai Associates
The fledgling insolvency regime in India is rapidly evolving every few months to keep it on its path to revolutionize the distressed assets market, through a combination of legislative amendments ...
S.S. Rana & Co. Advocates
The Indian banking sector is being faced by the challenges posed by the non-performing assets which are the loans or advances for which the payment remains outstanding.
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, ...
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.
Khaitan & Co
The judgment provides clarity and settles the confusion caused as a result of conflicting decisions on this issue.
AMLEGALS
The current case in question revolves around two complaints filed by the Appellants under Section 138 of the Negotiable Instruments Act, 1881 one prior to the initiation of Corporate Insolvency Resolution Process...
M Mulla Associates
The Ordinance provides necessary clarifications and modifications with regard to the insolvency resolution structure thereby ameliorating the provisions of the Code.
Khaitan & Co
Although discussions took place with four resolution applicants, no resolution plan was approved by the CoC within the mandated CIRP period of 270 days ending 12.05.2018.
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Trilegal
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 brings about significant changes to improve the insolvency resolution framework in India.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
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.
S.S. Rana & Co. Advocates
In proceedings with regards to the provisions of the Insolvency and Bankruptcy Code, 2016 the Bombay High Court has passed a landmark judgement ruling that an application under IBC may be made even in cases where ...
Singh & Associates
Insolvency and Bankruptcy Code, 2016 is enacted to consolidate and amend laws pertaining to insolvency and resolution. Part Ii of the Code deals with the Insolvency Resolution and Liquidation for ‘Corporate persons'.
Fair & Just Legal Solutions LLP
The NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
Singh & Associates
The NCLAT, while allowing the appeal, observed that the amended Resolution Plan was in consonant with the section 30(2) of the Code, 2016.
Singh & Associates
Under the Insolvency and Bankruptcy Code, 2016, for operational creditors to initiate a corporate insolvency resolution process, two steps are required to be followed.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
Khaitan & Co
Although discussions took place with four resolution applicants, no resolution plan was approved by the CoC within the mandated CIRP period of 270 days ending 12.05.2018.
Singh & Associates
The personal guarantors challenged this order of the Ld. DRT before the Hon'ble Allahabad High Court.
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