Submission and Updation of Claims during Liquidation – Is there a difference?
July 2019 amendment to the Liquidation Regulations introduced the concept of updating of claims already filed during CIRP. The Article analyses this amendment to understand the difference between submission and updation of claims.
Read MorePre-packs & 29A
The Sub-Committee of ILC recommended retention of Sec. 29A for Pre-packs. The article recommends two key amendments, in light of this.
Read MoreMCA NOTIFICATION INCREASING THE MINIMUM AMOUNT OF DEFAULT TO ONE CRORE RUPEES APPLIES PROSPECTIVELY, CLARIFIES NCLAT
MCA NOTIFICATION ENHANCING MINIMUM AMOUNT OF DEFAULT APPLIES PROSPECTIVELY, CLARIFIES NCLAT As the ongoing pandemic has impacted economies across the world, it is getting difficult to find adequate resolution applicants to rescue a corporate debtor which is under Corporate Insolvency Resolution Process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”). A large
Read MoreDOES CREATION OF PLEDGE OF SHARES BY CD CONSTITUTE DEBT UNDER IBC?
In the matter of Amtek Auto Ltd, the NCLT and NCLAT analysed the position of law with respect to creation of pledge vis-a-vis debt under IBC
Read MoreMadras HC: IBBI is empowered to levy fee as a % of Annual Remuneration drawn as an IP
The power of the Insolvency And Bankruptcy Board Of India (the “IBBI”) to levy fee of 0.25% of the professional fee earned for services rendered as an IP in the preceding financial year and also 0.25% of the turnover of an IPE in the preceding financial year and the regulations thereof were challenged before the Hon’ble High Court of Judicature at Madras.
Read MoreWHEN THERE’S NO WISDOM, HOW COME “COMMERCIAL WISDOM”?
An interesting case where the Adjudicating Authority made critical comments on the so-called Commercial Wisdom of the Committee of Creditors. It emphasised that the CoC has not at all applied its mind and that there was no element of wisdom displayed, leave alone the ‘commercial wisdom’…
Read MoreIBBI AMENDS LIQUIDATION PROCESS AND VOLUNTARY LIQUIDATION PROCESS REGULATIONS
IBBI AMENDS LIQUIDATION AND VOLUNTARY LIQUIDATION PROCESS REGULATIONS The IBBI made the following amendments to the Regulations pertaining to Liquidation Process and Voluntary Liquidation Process on August 5, 2020: In the IBBI (Liquidation Process) Regulations, 2016: A clarification is inserted in Regulation 4 clarifying that where a liquidator realising any amount on sale of assets
Read MoreAPPOINTMENT OF IRP/RP BY FINANCIAL CREDITORS – STILL CALL IT A FAIR GAME PLAY?
The Author made an attempt to expose adverse effects of possible collusion of Insolvency Professionals and Financial Creditors.
Read MoreJUDICIAL INTERVENTION AND IBC
The article tries to establish how the judicial intervention of NCLT, NCLAT and Supreme Court helped establish the objective of the IBC
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