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Section 7 vs Section 9 IBC application: which applies to you
When a creditor is owed money by a defaulting company, the Insolvency and Bankruptcy Code, 2016 raises a threshold question: which provision applies? Section 7 is available to a fi
How to file a CIRP application under IBC (Sections 7, 9 and 10)
The Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC) is the legal process through which an insolvent or defaulting company underg
Operational vs Financial Creditor Under IBC: Filing Strategy and Thresholds
Executive Summary The distinction between an operational creditor and a financial creditor under the Insolvency and Bankruptcy Code, 2016 (“IBC” or “the Code̶
MSME CIBIL Score Upgradation After Insolvency: Insolvency Law, Credit Reporting Disputes, and MSME Remediation Under IBC
Executive Summary The modern Indian financial ecosystem operates on a dual-axis framework: the regulatory rigidity of banking norms and the restorative flexibility of insolvency la
Actual Control of Assets by IRP Under IBC: No Concept of Symbolic Possession
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a watershed moment in India’s insolvency regime, fundamentally transforming how corporate distress is m
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
Can Income Tax Dept. Set-Off or Realize Secured Assets During Interregnum Period, Expiry of CIRP Period, and Initiation of Liquidation?
Introduction In a significant judgment, the National Company Law Appellate Tribunal (NCLAT) addressed the issue of whether the Income Tax Department can set-off tax dues with refun
Dream11’s Parent Company Insolvency Plea: NCLAT Reserves Judgment
Introduction The National Company Law Appellate Tribunal (NCLAT) has kept its judgment pending regarding a plea filed by Bhavit Sheth, the co-founder and COO of Dream11, challengin
Unsecured Creditors Empowered: Rights and Remedies Under the Insolvency & Bankruptcy Code
Introduction Within the complex realm of business transactions, unsecured creditors frequently encounter a dangerous predicament when a debtor declares insolvency. This predicament
Landmark Supreme Court Judgment on Set-off under IBC
Introduction The Supreme Court recently delivered a landmark judgment on the principle of insolvency set-off under the IBC. The case is referred to as Bharti Airtel Ltd and Another
