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Personal Guarantor Liability Post-Insolvency: Supreme Court’s Expansive Interpretation
Introduction The insolvency regime for personal guarantors to corporate debtors represents one of the most contentious and rapidly evolving areas of India’s insolvency jurisp
Group Insolvency in India: Legal Necessity or Legislative Overreach?
Introduction The insolvency of corporate groups—constellations of legally distinct entities functioning as integrated economic units—presents distinctive challenges that test t
Section 10 IBC: Voluntary Application by Corporate Debtor (Filing Guide)
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates Introduction The Insolvency and Bankruptcy Code (IBC), 2016, has fundamentally transformed India’s insolvency re
SC Ruling: Interim Moratorium Under Section 96 Won’t Halt Section 138 NI Act Criminal Prosecution Against Individuals
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates Introduction In a significant ruling impacting individuals facing cheque dishonour cases while simultaneously unde
Post-Notice Disputes as Pre-Existing Disputes Under IBC: A Legal Analysis
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC), provides a structured mechanism for resolving insolvency disputes, particularly through the Corporate Insolvency Resolu
Insolvency and Bankruptcy in India: Comprehensive Analysis of the Insolvency and Bankruptcy Board of India (IBBI)
Introduction to Insolvency and Bankruptcy in India Insolvency and bankruptcy have become central issues in India’s corporate and economic landscape, particularly over the last tw
Interest on Delayed Payments as Operational Debt under the IBC: Thresholds, MSME Claims and the Proper Forum
Examining the Non-Inclusion of Unagreed Interest as Operational Debt and MSME Claims before NCLT and MSEFC A supplier whose invoices remain unpaid may add interest to the pr
Interim Moratorium and Personal Guarantors under Section 96 of the IBC: YES Bank v. Kunal Jiwarajka and the 2026 Amendment
Exploring the interplay of Section 96 of the Insolvency and Bankruptcy Code, 2016 and Section 68 of the Transfer of Property Act, 1882 When a lender invokes a personal guarantee gi
Limitation in Section 7 IBC Applications and the Effect of Parallel SARFAESI Action: The Settled Principles
A financial creditor that has already started enforcing its security under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
M.K. Rajagopalan v. Dr. Periasamy Palani Gounder: The Supreme Court on Resolution Applicant Eligibility and CoC Approval of Revised Plans
The committee of creditors (“CoC”) sits at the centre of the corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016
