Mondaq All Regions - India: Insolvency/Bankruptcy/Re-structuring
Dhir & Dhir Associates
On 6th March, 2018, the NCLAT, in the matter SBI VS SKC Retails Ltd. through IRP & anr., held that the Applicant is liable to incur the expenses of resolution professional as per sub-regulation...
Nishith Desai Associates
Our expertise and opinion is regarded as an authority amongst the upper echelons of international law.
NovoJuris Legal
Under the Insolvency and Bankruptcy Code, 2016 (the Code), a financial creditor can initiate a Corporate Insolvency...
PSA
Recently, NCLAT faced a situation in State Bank of India v. Mr. V. Ramakrishnan and Ors. [Company Appeal (AT) Insolvency no. 213 of 2017], where the State Bank of India had appealed...
S.S. Rana & Co. Advocates
The Hon'ble Calcutta High Court on February 2, 2018, upheld the validity of Section 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016 in the case of Akshay Jhunjhunwala & anr. v. Union of India.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Board of India signed a Memorandum of Understanding with the Reserve Bank of India on March 12, 2018. he purpose of the MoU is to assist and cooperate with each other for effective implementation of the Insolvency and Bankruptcy Code, 2016.
Dhaval Vussonji & Associates
Insolvency, explained simply, refers to an individual or an entity's inability to pay debts due from it. The recent and most illustrious enactment by the Parliament, the Insolvency and Bankruptcy Code, 2016 encompasses this wide-ranging arena of insolvency and bankruptcy.
M Mulla Associates
The prohibition contained in section 14 of the Insolvency and Bankruptcy Code 2016, ("the Act") against the initiation and continuation of legal proceedings...
Vaish Associates Advocates
IV. Fresh proceedings before NCLT under IBC admissible regardless of winding up petitions before Company Court admitted and pending disposal
Nishith Desai Associates
Insolvency Diaries- Essar Steel's Creditors Meet Today
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.
Khurana and Khurana
The Inception of Insolvency and Bankruptcy code [IB Code] was envisaged as a historical moment in the Indian corporate sector as it is a single uniform comprehensive legislation that aims...
LexCounsel Law Offices
The aforesaid decision follows from the appeal filed by the SBI the financial creditor, against the order of the NCLT Chennai restraining them from proceeding against the property of a personal guarantor of the...
S.S. Rana & Co. Advocates
The resolution professional shall within seven days of his appointment, appoint one registered valuer to determine the fair value and the liquidation value of the corporate debtor.
Trilegal
The issue of simultaneous liability recently arose before the NCLT, Delhi Bench under the Insolvency and Bankruptcy Code, 2016
Nishith Desai Associates
The Reserve Bank of India ("RBI") has in the past, issued various instructions aimed at resolution of stressed assets in the economy, while also introducing certain specific schemes for resolution ...
Trilegal
The Reserve Bank of India has introduced a revised framework in relation to the resolution of stressed assets withdrawing all extant instructions in this regard, such as SDR, S4A and CDR.
Nishith Desai Associates
Corporate Debtor itself or any other creditor may file fresh proceedings under the Bankruptcy Code regardless of admitted and pending winding up petitions before Company Courts
VGC Law Firm
The RBI in exercise of its powers under the Banking Regulation Act, 1949 and the Reserve Bank of India Act, 1934 on 12th February, 2018 brought in a revised framework for resolution of stressed assets to overhaul the existing framework, ...
VGC Law Firm
Presently in India there is a systemic vacuum which exists with regard to bankruptcy situations in financial firms.
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Trilegal
The Insolvency and Bankruptcy Code passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporates, individuals, partnerships and other entities.
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.
Trilegal
The issue of simultaneous liability recently arose before the NCLT, Delhi Bench under the Insolvency and Bankruptcy Code, 2016
Samvad Partners
The IBC, 2016, that was passed by Parliament and received Presidential assent on May 28, 2016, aims at a significant overhaul of the existing legal framework of insolvency and bankruptcy resolution.
Phoenix Legal
Valuation of assets is one of the core features of the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
Trilegal
The Reserve Bank of India has introduced a revised framework in relation to the resolution of stressed assets withdrawing all extant instructions in this regard, such as SDR, S4A and CDR.
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 (I & B Code 2016) was published in the Gazette of India on 28th May 2016.
LexCounsel Law Offices
The aforesaid decision follows from the appeal filed by the SBI the financial creditor, against the order of the NCLT Chennai restraining them from proceeding against the property of a personal guarantor of the...
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'.
Singh & Associates
Whenever a person is declared as insolvent, certain transactions undertaken during the process of insolvency or even before that are avoided to overturn their effects on the finances of the corporate debtor
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