Insights
Category: IBC & Insolvency
Pre-Packaged Insolvency: How It Works and When to Use It
Articles, IBC & Insolvency India’s conventional Corporate Insolvency Resolution Process is a creditor-driven, public-facing mechanism that displaces existing management, triggers a moratorium,…
SC on Homebuyers as Financial Creditors: Pioneer Urban Land and Its Impact
Articles, IBC & Insolvency The Supreme Court of India’s judgment in Pioneer Urban Land and Infrastructure Ltd vs Union of India (2019)…
Liquidation under IBC: Process, Priority, and What Creditors Actually Recover
Articles, IBC & Insolvency When a Corporate Insolvency Resolution Process (CIRP) fails to produce an approved resolution plan, or when the Committee…
How Resolution Plans Should Be Prepared to Maximise Votes under the Insolvency and Bankruptcy Code, 2016
Articles, IBC & Insolvency I. Why Legally Compliant Resolution Plans Frequently Fail One of the most common but flawed assumptions in insolvency…
How to Draft a Resolution Plan That Survives Both CoC Voting and Judicial Scrutiny
Articles, IBC & Insolvency 1. The Two Tests Every Resolution Plan Must Pass A resolution plan “survives” only when it clears two…
Resolution Plan: What Makes It Legally Valid and Commercially Viable
Articles, IBC & Insolvency A resolution plan is the final instrument through which a distressed company is rescued from insolvency and returned…
How the Committee of Creditors Works in an Insolvency Proceeding
Articles, IBC & Insolvency The Committee of Creditors (CoC) is the nerve centre of every Corporate Insolvency Resolution Process under the Insolvency…
What Section 29A Means for Resolution Applicants
Articles, IBC & Insolvency Section 29A of the Insolvency and Bankruptcy Code 2016 is one of the most far-reaching statutory disqualifications in…
Personal Guarantors and IBC: What Directors and Promoters Must Know
Articles, IBC & Insolvency When promoters and directors execute personal guarantees in favour of lenders as a condition of credit facilities to…
How to File a Section 9 Application as an Operational Creditor
Articles, IBC & Insolvency For suppliers, service providers, contractors, and employees who are owed money by a company that has stopped…