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Dissenting Financial Creditors under the IBC: The DBS Bank v. Ruchi Soya Reference and the New Section 30(2)(ba)
A resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”) binds every creditor once approved, including financial creditors who voted against it. This ra
Homebuyers and Other Consumers under the IBC: Why the Law Treats Them Differently
A family that has paid instalments for an apartment and a traveller who has paid for an airline ticket are both, in ordinary language, consumers who paid in advance for something t
Can Tax Refunds Be Set Off Against Dues During the IBC Moratorium? The Kotak Urja Ruling and 2026 Law
Tax authorities routinely adjust a refund due to a taxpayer against outstanding tax demands of the same taxpayer. When the taxpayer is a company undergoing corporate insolvency res
Belated Claims under IBC: Why Claims Filed After CoC Approval of a Resolution Plan Are Generally Not Admitted
A corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”) works only if everyone bidding for the corporate d
The ₹1 Crore Minimum Threshold for Section 9 IBC Applications: Which Date Counts?
An operational creditor seeking to initiate corporate insolvency resolution process (CIRP) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) must show a default mee
Limitation for Operational Creditors under Section 9 of the IBC: Invoices, Part Payments and Acknowledgments
Suppliers often allow invoices to remain unpaid for years in the hope of preserving a commercial relationship. When they eventually turn to Section 9 of the Insolvency and Bankrupt
Tax Dues in Insolvency under the IBC: Priority, Moratorium and the Clean Slate after the 2026 Amendments
Tax authorities are among the largest creditors in many insolvencies, yet the Insolvency and Bankruptcy Code, 2016 (“IBC”) does not give tax dues under IBC any special
Pre-Packaged Insolvency Resolution Process (PPIRP) for MSMEs under the IBC: How It Works and What Changed in 2026
A conventional corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”) removes the board of directors and ha
Section 10A of the IBC and COVID-Period Defaults: The NCLAT Decision in the Sporta Technologies Appeal
Section 10A of the Insolvency and Bankruptcy Code, 2016 (“IBC”) was a pandemic-era measure with a permanent effect: defaults that arose during the protected window can
Avoidance Transactions under the IBC: The Duty to Form an Opinion, Regulation 35A and the 2026 Changes
Companies in distress sometimes shift value out before insolvency: an old debt is paid in preference to others, an asset is sold cheaply to a connected party, or a loan is taken on
