Fraudulent Initiation of CIRP can be challenged before ‘Admission’
May 8, 2023Introduction The Insolvency and Bankruptcy Code, 2016 (Code) aimed to bring a paradigm shift in the insolvency and bankruptcy laws…Legal heirs beware: NCLAT impleads legal heirs for avoidance transactions
April 6, 2023Introduction The Insolvency and Bankruptcy Code, 2016 (Code) recognises the concept of “avoidable transactions”. Under the Code, certain transactions of…The rise of “Consolidated Insolvency” in real estate sector
April 3, 2023Introduction The Insolvency and Bankruptcy Code, 2016 (Code) provides for initiation of corporate insolvency resolution process (CIRP) against a corporate…No look back period for fraudulent transactions under insolvency laws
February 17, 2023Introduction The objective of the Insolvency and Bankruptcy Code, 2016 (Code) is to maximize the value of the assets of…Avoidance application survives insolvency process
January 27, 2023Introduction The Insolvency and Bankruptcy Code, 2016 (Code) contains four types of avoidable transactions that are to be avoided, otherwise…NCLT clarifies: Interim moratorium not applicable to future liabilities
January 2, 2023Introduction In India, prior to the Insolvency and Bankruptcy Code, 2016 (Code), insolvency proceedings against individuals used to be governed…No insolvency when arbitration award is in execution
December 20, 2022The Insolvency and Bankruptcy Code, 2016 (Code) was introduced as a one stop solution for resolving insolvencies, which previously was…Leasehold right: An intangible asset
December 12, 2022Introduction The primary object of the Insolvency and Bankruptcy Code, 2016 (Code) is the revival of the corporate debtor undergoing…IBBI prescribes fee structure for insolvency professionals
October 10, 2022Under the Insolvency and Bankruptcy Code, 2016 (Code), the resolution professional or the interim resolution professional (collectively referred as RP)…Commercial wisdom of the liquidator upheld by the Supreme Court
September 14, 2022Under the Insolvency and Bankruptcy Code, 2016 (Code), if a corporate debtor is unable to pay its debts, then insolvency…