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Home Tags Posts tagged with "Insolvency and Bankruptcy Code"

Tag: Insolvency and Bankruptcy Code

Suspended v superseded boards under the IBC

By Misha and Charu Bansal, Shardul Amarchand Mangaldas & Co

Suspension versus supersession: Supreme Court rulings on board participatory rights in IBC financial service provider CIRP cases

Processing changes on the way for insolvency laws in India

含羞草社区 president approves the set to bring in significant regulatory changes

Cryptocurrency in insolvency: How 含羞草社区 IBC treats digital assets as property

By Vaijayant Paliwal and Shruti Poddar, Shardul Amarchand Mangaldas & Co

The proliferation of cryptocurrency holdings on corporate balance sheets has introduced a novel dimension to insolvency practice in India

Insolvency directors’ duties shift to creditors under IBC section 66

By Hiral Gupta, Bharucha & Partners

Directors’ duties shift to creditors in insolvency: Section 66 liability for fraudulent and wrongful trading risks

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IBC a business advantage not an obstacle

By Varghese Thomas and Soumitra Majumdar, JSA Advocates & Solicitors

含羞草社区 insolvency and bankruptcy code builds confidence, strengthens resilience, and transforms distressed assets into growth opportunities

Court clarifies IBC priority is revival

Supreme Court recalled liquidation order in Kalyani Transco v Bhushan Power & Steel, reaffirming IBC’s rescue objective

Fraud liability in insolvency: UK and India

By Rishabh Jaisani and Renjith Nair, Shardul Amarchand Mangaldas & Co

A comparison of laws concerning real estate

Foreign investment in Asia’s real estate is surging, but navigating diverse regulations is essential to avoid costly missteps

Foreign investment and financing in Indian real estate

By Hardeep Sachdeva, Priyamvada Shenoy, Ravi Bhasin and Abhishek Awasthi, AZB & Partners

CMS IndusLaw strengthens Mumbai disputes practice with trio

Abeezar E Faizullabhoy, Murtaza Kachwalla and SM Algaus join CMS IndusLaw’s Mumbai office

Show all cards at the CIRP table

By Aman Avinav, Phoenix Legal

IBBI mandates full disclosure of avoidance transactions in insolvency cases to ensure transparency and fairness

IBBI seeks comment on IBC rules to simplify compliance

IBBI invites public suggestions to simplify and cut costs of IBC compliance, with submissions open until 30 June 2025

A legal head for numbers

Ishita Sharan, legal head of NARCL, discusses rising insolvency challenges and the bank’s role in managing stressed assets

Dhaval Vussonji & Associates opens new Pune office

Dhaval Vussonji & Associates opened a Pune office at BSB Capital and hired partner Shakti Singh Champawat

Interface of regulatory bodies with IBC

By Anoop Rawat, Ahkam Khan and Ananya Khanna, Shardul Amarchand Mangaldas & Co

IBC not a tool for debt collection

By Sneha Jaisingh and Akshay Ayush, Bharucha & Partners

The IBC aims to revive distressed entities, but its application often differs

Supreme Court clarifies classification of debt

含羞草社区 Supreme Court ruled that a debtor’s pledge under a DoH is a financial debt under the IBC

CIRP involving merger needs CCI approval, Supreme Court says

The Supreme Court ruled that CCI approval is required for insolvency plans involving mergers or acquisitions

CAM’s Gyanendra Kumar leaves to become senior advocate

Cyril Amarchand Mangaldas partner Gyanendra Kumar was designated a senior advocate by Delhi High Court, requiring him to step down from his partnership

Balance sale consideration not ‘financial debt’: NCLAT

NCLAT ruled balance sale consideration is not "financial debt" under the IBC

Regulatory framework for FI, financing in Indian property

By Hardeep Sachdeva, Ravi Bhasin, Abhishek Awasthi and Priyamvada Shenoy, AZB & Partners

Rescue Remedies

We explore bankruptcy law systems in mainland China and India, and Hong Kong courts on winding-up arguments

IBC section 32A rules even the PMLA

By Sonam Gupta, Bharucha & Partners

Balancing act for ARCs when using resolution tools

By Veena Sivaramakrishnan and Sumant Prashant, Shardul Amarchand Mangaldas & Co

Reasoning at the heart of decision

NCLT must provide reasoned order to reject IBC resolution plan, says Supreme Court. Committee-approved plans not to be questioned

Corporate insolvency approvals: Balancing compliance and resolution

By Veena Sivaramakrishnan, Soummo Biswas, Yugal Jain and Aditi Tomar, Shardul Amarchand Mangaldas & Co

Call for comment on real estate insolvency amendments

Government addresses challenges in real estate insolvency with a paper on streamlining corporate insolvency resolution processes (CIRPs)

Assignment of trademarks reversed by NCLT’s Kolkata bench

By Manisha Singh and Anvita Sharma, LexOrbis

The clouds of Rainbow Papers roll away

By Karthik Somasundram, Bharucha & Partners

Insolvency and Bankruptcy Code prevails over Electricity Act

By Mani Gupta and Aman Choudhary, Sarthak Advocates & Solicitors

High court rules amendments face twin test

A dispute over car parks has led to a high court ruling that any documents added to civil proceedings must meet a twin test of fairness under amendments to the Code of Civil Procedure

Vidarbha: The ratio that wasn’t

By Sonam Gupta and Arunima Nair, Bharucha & Partners

India ‘oasis of hope’ for growth: IBA conference panellists in Mumbai

India is on the cusp of driving global growth and considered the last oasis of hope amid a worldwide slowdown, say panelists at the biannual IBA M&A conference in the financial capital Mumbai in April this year

Former directors stay on the hook despite successful CIRP

By Karthik Somasundram and Alabh Lal, Bharucha & Partners

Indian Law Firm Awards 2023

We recognise the ingenuity and achievements of the country’s top law firms

Swiss lessons in simplified mergers

Yashasvini Kumar, Pooja Gondalia, and Bhakti Sampat discuss the lengthy merger approval process in India and how it can be expedited

Cyril Amarchand’s Gauri Rasgotra to open boutique Delhi law firm

Cyril Amarchand Mangaldas (CAM) partner and Delhi deputy head Gauri Rasgotra will launch her independent boutique law firm early next year and is currently serving her notice period till January

Supreme Court decision clouds insolvency process

The Supreme Court’s judgment in the case of Vidarbha Industries Power v Axis Bank opened a Pandora’s box earlier this year when it unsettled a long established practice of the adjudicating authority admitting insolvency applications

Supreme Court says financial creditors not so supreme

By Sudeshna Guha Roy and Elisha Vaswani, Bharucha & Partners

JSA acts for SBI in stalled Dunar Foods insolvency proceedings

The National Company Law Appellate Tribunal (NCLAT) upheld an NCLT decision setting a precedent and paving the way for progress on the resolution of the Dunar Foods insolvency proceedings

NOIDA dues are not a financial debt

By Shreya Sircar and Sneha Sanyal, Bharucha & Partners

RBI increases responsibilities of loan transfer parties

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners

Decree holders ‘not same as financial creditors’

The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors

Ascertaining impact of IBC’s section 32A on criminal proceedings

By Sonam Gupta and?Anurag Tandon, Bharucha & Partners

Secured creditors not always financial creditors

By Karthik Somasundram, Sneha Jaisingh and Alabh Lal, Bharucha & Partners

Troubled MSMEs thrown a lifeline with pre-pack resolutions

By Satish Anand Sharma and Anshita Gupta, SNG & Partners?

Guarantees will ensure better payment of debts for now

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners

IBC decides the fate of PPAs in insolvency

By Abhirup Dasgupta and Bhawana Sharma, HSA Advocates

Unresolved riddle of the code and acknowledgement of debt

By Misha and Nikhil Mathur, Shardul Amarchand Mangaldas & Co

The conundrum of third-party security holders

By Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners

IBC resolution within regulated sectors in the public interest

By Anoop Rawat, Shardul Amarchand Mangaldas & Co

Assigning NRRAs and claims during liquidation

By Satish Anand Sharma and Aniket Sawant, SNG & Partners

Guarantors may be vulnerable to pandemic default risks

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan

Analysing financing models for infrastructure projects

By Sharmil Bhushan and Jyoti Punjabi, HSA Advocates

Budget gives foreign direct investment its rightful place

By Navin Syiem and Nitin Gera, L&L Partners

Jaypee judgment creates a conundrum for lenders

By Soumyajit Mitra and Mohit Yadav, SNG & Partners

Regulation of gig workers: A step forward?

By Junaira Rahman and Nikita Tanwar, Samvad Partners.

PMLA v IBC: The battle for primacy

By Misha and Siddhant Kant, Shardul Amarchand Mangaldas & Co

NBFCs brought under purview of insolvency code

By Anisha Shroff and Sharanya Kundu, Samvad Partners

A regional comparison of energy regulations in India

By Piyush Joshi, RV Anuradha and Sumiti Yadava, Clarus Law Associates

Essar Steel judgment – paving a way to resolution

By Misha, Shardul Amarchand Mangaldas & Co

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates

Relative priority rule in Indian insolvency law

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co

India at crossroads with cross-border insolvency

By Shweta Bharti and Sukrit Kapoor, Hammurabi & Solomon

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

A commercial primer on 2019 amendments to IBC

By Shweta Bharti and Katyani Mahendru, Hammurabi & Solomon

IBC amendment moves towards recognizing APR

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co

Creditors browbeat debtors with bankruptcy threat

By Supriya Majumdar, Vidhii Partners

SEBI raises questions on IBC’s overriding provisions

By Abhishek Dutta, Manish Parmar and Sayli Petiwale, Aureus Law Partners

Ensuring fair distribution under waterfall mechanism

By Aditya Vikram Dua and Satish Anand Sharma, SNG & Partners

Wish list

Decoding value maximization under the code’s mandate

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co

Insolvency code: Judicial trends

By Abhishek Tripathi and Avantika Shukla, Sarthak Advocates & Solicitors

Investing through insolvency code

By Sanjay Asher and Nikhil Kaul, Crawford Bayley & Co.

Giving creditors their fair share

By Mahesh Agarwal, Agarwal Law Associates

Charting the way ahead for IBC

By Dhananjay Kumar and Hamraj Singh, Cyril Amarchand Mangaldas

Courts play prudent role in IBC’s logical evolution

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

SC weighs in on interplay of labour laws and IBC

By Abhishek Dutta and Vineet Shrivastava, Aureus Law Partners

A question of balance, via the code or otherwise

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co
Rupinder-Malik-Sidharrth-Shankar-J.-Sagar-Associates

Risks in acquiring distressed infrastructure assets

By Rupinder Malik, Sidharrth Shankar and Srishti Moitra, J. Sagar Associates

NCLAT says statutory dues also operational debt

By Abhishek Dutta and Sayli Petiwale, Aureus Law Partners

Commercial implications of RBI circular strike-down

By Shweta Bharti, Hammurabi & Solomon

Lenders face a choice between debtor, guarantor

By Ramya Hariharan and Asmita Rakhecha, HSA Advocates

Supreme Court upholds constitutional validity of IBC

By Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners

In sickness & health

Rescue financing: Helping hand for entities in distress

By Avinash Kumar Khard, HSA Advocates

Time-barred debts and the insolvency code

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Existence of dispute under insolvency code

By Abhishek Dutta, Vineet V Shrivastava and Manish Parmar, Aureus Law Partners

Revisiting loan documents in light of insolvency code

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners

Developing resolution plan for financial, operational creditors

By Shardul S Shroff and Roma Das, Shardul Amarchand Mangaldas & Co

Sigh of relief for bankers on international insolvencies

By Soumyajit Mitra, SNG & Partners

Cross-border insolvency report: A bird’s eye view

By Abhishek Dutta and Astha Srivastava, Aureus Law Partners

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