Mondaq India: Insolvency/Bankruptcy/Re-structuring
Nishith Desai Associates
The requirement for an operational creditor to provide a certificate from a financial institution under S. 9(3)(c) of the Code is only directory and not mandatory ...
S.S. Rana & Co. Advocates
The IBBI, through Notification No. IBBI/2017- 18/GN/REG23, on December 31, 2017, has notified the "Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons)...
Trilegal
The RBI has recently issued a notification requiring regulated financial creditors to adhere to certain mandatory requirements of the Insolvency & Bankruptcy Code ...
VGC Law Firm
It has been one year since the Insolvency and Bankruptcy Code, 2016 ("I&B Code") came into effect. The I&B Code is one of the biggest economic reforms to have taken place recently.
S.S. Rana & Co. Advocates
Incorporated with the objective of promoting maximization of value of assets in a time bound manner, the Insolvency and Bankruptcy Code works towards effective protection to honest creditors...
Khaitan & Co
The NCLAT passed a judgment putting to rest the question of the applicability of the Limitation Act, 1963 to the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
Khaitan & Co
In Civil Appeal 15481/2017, Macquarie Bank Limited, Singapore filed a petition under Section 9 of the Code as an operational creditor before the National Company Law Tribunal against Uttam Galva Metallics Limited.
Khurana and Khurana
The much debated question with respect to the interpretation of what amounts to "existence of a dispute" has been finally answered by the Supreme Court in the (Mobilox vs. Kirusa) judgment.
Khaitan & Co
NCLAT has held that proceedings pending under Section 34 of the Arbitration and Conciliation Act, 1996 does not constitute a ‘dispute' under Section 8 of the Insolvency and Bankruptcy Code, 2016.
S.S. Rana & Co. Advocates
Considering the rapid increase of insolvency cases, the increased and more defined role of the service providers and stakeholders at different levels in companies, partnerships, banks etc....
Phoenix Legal
The Insolvency and Bankruptcy Code, 2016 (Code) was enacted for a time bound insolvency resolution process with the primary aim of rehabilitating financially distressed entities...
Tuli & Co
The Supreme Court recently in Macquarie Bank Limited v. Shilpi Cable Technologies had the opportunity to settle the law on two important questions arising under the Insolvency and Bankruptcy Code, 2016 (‘IBC'), which have impaired operational creditors from enforcing their rights under the IBC.
S.S. Rana & Co. Advocates
The Delhi High Court in the case of Power Grid Corporation of India Ltd. vs Jyoti Structures Ltd., vide its order dated December 11, 2017, ruled that Section 14(1)(a) of the Insolvency...
LexCounsel Law Offices
The Insolvency and Bankruptcy Code, 2016 ("Code").
S.S. Rana & Co. Advocates
The Government has been consistently working towards refining and improving the new legal regime being set forth under the IBC.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Board of India (hereinafter referred to as the "IBBI") has constituted the Insolvency law Committee vide notification no. 35/14/2017 dated November 16, 2017.
Clyde & Co
The Insolvency and Bankruptcy Board of India ("IBBI") had notified the IBBI (Information Utilities) Regulations, 2017 on March 31, 2017.
LexCounsel Law Offices
Massive expansion and investments, primarily funded through bank loans (despite a weak promoters' equity base), has given rise to companies which have overleveraged their balance sheets.
Khaitan & Co
The partly liberalized Indian economy has been aptly referred to in the Economic Survey of India 2015-16 as one that had transitioned from ‘socialism with limited entry to "marketism" without exit.
Singh & Associates
Question: What will be the status of a scheme of compromise or arrangement initiated under section 230 of the Companies Act, 2013 if the Corporate Insolvency Resolution ("CIR")...
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Singh & Associates
The Union Cabinet, in its meeting held in the month of June 2017, has approved19 the Financial Resolution and Deposit Insurance Bill, 2017...
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.
Singh & Associates
Insolvency and Bankruptcy Code 2016 (I & B Code 2016) was published in the Gazette of India on 28th May 2016.
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.
VGC Law Firm
It has been one year since the Insolvency and Bankruptcy Code, 2016 ("I&B Code") came into effect. The I&B Code is one of the biggest economic reforms to have taken place recently.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Khaitan & Co
In Civil Appeal 15481/2017, Macquarie Bank Limited, Singapore filed a petition under Section 9 of the Code as an operational creditor before the National Company Law Tribunal against Uttam Galva Metallics Limited.
Phoenix Legal
The Insolvency and Bankruptcy Code, 2016 (Code) was enacted for a time bound insolvency resolution process with the primary aim of rehabilitating financially distressed entities...
LexCounsel Law Offices
M/s. Unigreen Global Private Limited ("Unigreen") v. Punjab National Bank ("PNB") and others followed in Leo Duct Engineers & Consultants Limited v. Canara Bank and Another
Khurana and Khurana
The much debated question with respect to the interpretation of what amounts to "existence of a dispute" has been finally answered by the Supreme Court in the (Mobilox vs. Kirusa) judgment.
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