India: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Updating Force Majeure Clauses For India-Japan Contracts
The COVID-19 pandemic transformed force majeure clauses from overlooked boilerplate provisions into critical contract terms that determined business survival. This article examines how Indian and Japanese companies have fundamentally revised their commercial agreements in response to lessons learned during the pandemic, moving beyond traditional "acts of God" language to address modern disruptions including pandemics, cyberattacks, and regulatory changes.
Worldwide Commercial
KC
Kochhar & Co.
Article
Is Invocation Of A Guarantee A Mandatory Precondition For Insolvency Proceedings Against A Personal Guarantor?
Indian corporate lending is dominated by personal guarantees particularly in cases where promoters and directors are obligated to guarantee the debts of corporate borrowers. This has changed the enforcement landscape with the introduction of personal guarantors to corporate debtors into the Part III of the Insolvency and Bankruptcy Code, 2016 (“IBC”) on 15 November 2019.
India Insolvency
SO
S&A Law Offices
Article
Restructured Debt And The Survival Of Registered Charges: NCLAT Affirms Secured Creditor Status In The Absence Of Post-Restructuring ROC Modification
The National Company Law Appellate Tribunal delivered a landmark ruling on whether credit facilities restructured under RBI guidelines retain their secured status during liquidation proceedings without corresponding modification of charge registration. The judgment addresses the complex interplay between corporate debt restructuring, charge registration requirements under company law, and the insolvency resolution framework, establishing critical precedents for consortium lending practices.
India Insolvency
IL
IndiaLaw LLP
Article
Boundaries In Section 9 IBC Applications: Analysing GLS Films Industries v. Chemical Suppliers
The Supreme Court of India has delivered a landmark ruling clarifying the threshold for rejecting insolvency applications under Section 9 of the Insolvency and Bankruptcy Code, 2016. In GLS Films Industries Private Limited v. Chemical Suppliers India Private Limited, the apex court addressed whether appellate tribunals can conduct mini-trials to evaluate the merits of pre-existing disputes, or whether they must simply confirm the existence of a plausible dispute. This judgment reinforces critical safeguards
India Insolvency
IL
IndiaLaw LLP
Article
When Asset Protection Backfires: Lessons From The ED Attachment Of Anil Ambani’s ‘Abode’ And The RiseE Family Trust Structure
The Press Release dated 25th February 2026, issued by the Enforcement Directorate (ED) concerning the provisional attachment of the Pali Hill residential property “Abode” linked to Anil Ambani, marks a significant development at the confluence of anti-money laundering jurisprudence, protection of Creditors, and trust law in India.
India Government
AP
AK & Partners
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