Basic theories behind reversal of avoidance transactions (“AT”) and concepts allied to that

A case study on fraud to illustrate how Indian Judiciary had interpreted the term “fraud” and the interplay between S. 447 of the Companies Act, 2013 and the avoidance transactions under the Insolvency and Bankruptcy Code, 2016

Transactions intended to disturb the pari-passu distribution assets in the liquidation of Corporate Debtor. 

3.1. Basic Concepts

3.2. Anatomy of legislative provisions in India, USA & UK

3.3. Case Study – one each from India, USA & UK

3.4. Self Analysis Test (MCQ)  

Transactions where the value of consideration received by the Corporate Debtor is significantly less than the value of consideration provided by such Corporate Debtors including the case of gifts including pauline action.

4.1. Basic Concepts

4.2. Anatomy of legislative provisions in India, USA & UK

4.3. Case Study – one each from India, USA & UK

4.4. Self Analysis Test (MCQ)

Transactions where the Corporate Debtor has been required to make exorbitant  payments to the lender of such credit.

5.1. Basic Concepts

5.2. Anatomy of legislative provisions in India, USA & UK

5.3. Case Study – one each from India, USA & UK

5.4. Self Analysis Test (MCQ)

Carrying out of the business with the intent to defraud its creditors or for any fraudulent purpose.

6.1. Basic Concepts

6.2. Anatomy of legislative provisions in India, USA & UK

6.3. Case Study

6.4. Self Analysis Test (MCQ)

Failure to take reasonable steps to reduce the potential loss to the creditor when there is no possibility of avoiding the commencement of CIRP.

6.1. Basic Concepts

6.2. Anatomy of legislative provisions in India, USA & UK

6.3. Case Study

6.4. Self Analysis Test (MCQ)

Glimpse on treatment of avoidance transactions in other International Jurisdictions .