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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 Claims and Operational Debt under the IBC – Analyzing the NCLT’s Stand
Examining the Non-Inclusion of Unagreed Interest as Operational Debt and MSME Claims before NCLT and MSEFC Introduction: NCLT Ruling on Interest Claims and Operational Debt In a la
Riding the Wave of Interim Moratorium: A Deep Dive into YES Bank Ltd. v. Mr. Kunal Jiwarajka
Exploring the interplay of Section 96 of the Insolvency and Bankruptcy Code, 2016 and Section 68 of the Transfer of Property Act, 1882 Introduction This article examines the recent
The Interplay Between Limitation, SARFAESI Act, and IBC: A Critical Analysis
Introduction The realm of insolvency and bankruptcy law in India has witnessed significant developments since the introduction of the Insolvency and Bankruptcy Code (IBC) in 2016.
M.K. Rajagopalan v. Dr. Periasamy Palani Gounder: Reshaping the Landscape of Corporate Insolvency Resolution Process – A Comprehensive Analysis
Introduction: The Supreme Court’s judgment in M.K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr., delivered on May 3, 2023, marks a significant milestone in the evol
