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HomePosts tagged "CIRP"(Page 2)
13
May
May 13, 2024
Corporate Insolvency & NCLTNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

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

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By Team
15
Apr
April 15, 2024
Corporate Insolvency & NCLTJudicial DecisionsNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

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

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By Team
15
Apr
April 15, 2024
Banking/Finance LawBusinessNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

CIRP Timelines, Aircraft Lessors and Liquidation: What the Go First Proceedings Show about Airline Insolvency

An airline in insolvency raises problems that the Insolvency and Bankruptcy Code, 2016 (“IBC”) was not originally designed for: the most valuable assets are leased, the

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By Team
22
Mar
March 22, 2024
Corporate Insolvency Resolution Process (CIRP)

Do Promoters and Suspended Directors Have Locus Standi to Intervene in CIRP Applications?

Once a company is admitted into a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”), the board’s

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By Team
12
Feb
February 12, 2024
Banking/Finance LawCorporate Insolvency Resolution Process (CIRP)The Insolvency & Bankruptcy Code

How Tribunals Decide What Qualifies as Financial Debt under the IBC: Deposits, Guarantees and Assured Returns

Two creditors may be owed identical sums by the same company and yet occupy entirely different positions in its insolvency: one sits on the committee of creditors and votes on the

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By Team
06
Feb
February 6, 2024
The Insolvency & Bankruptcy Code

Unsecured Creditors under the IBC: What Rights They Actually Have

An unsecured creditor holds no charge over the debtor’s assets. When the debtor enters insolvency, the position of an unsecured creditor under the IBC depends on two things:

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By Advocate Aaditya Bhatt
January 13, 2024
Corporate Insolvency & NCLTNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

Related Parties and Resolution Plans: Can a Related-Party Creditor Claim Equal Treatment?

Group companies routinely lend to one another. When one of them enters a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016

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By Harshika Mehta
10
Jan
January 10, 2024
The Insolvency & Bankruptcy Code

Set-Off Under IBC: What the Supreme Court Decided in Bharti Airtel v. Vijaykumar V. Iyer

Two companies that deal with each other in both directions often settle on a net basis. If one of them enters a corporate insolvency resolution process (“CIRP”), the ot

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By Team
09
Jan
January 9, 2024
Corporate Insolvency Resolution Process (CIRP)The Insolvency & Bankruptcy Code

Claims Filed Long After CoC Approval: The NCLAT’s Approach to Late Claims During CIRP in the D.S. Kulkarni Proceedings

A resolution plan is priced on the claims placed before the committee of creditors (“CoC”). Late claims in CIRP, particularly those raised long after the CoC has approv

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By Team
09
Jan
January 9, 2024
The Insolvency & Bankruptcy Code

Does a Dissenting Secured Creditor Get the Value of Its Security under the IBC? The Unresolved Question and the 2026 Answer

Secured lenders do not all hold the same security. One may have an exclusive first charge over a valuable asset, while another may have a residual charge over the same estate. When

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By Team

Posts pagination

01 02 03 … 05
Arbitration Law
Section 9 vs Section 17 Interim Relief in Arbitration
Arbitration Law
How to Enforce an Arbitral Award in India
Arbitration Law
Grounds to Set Aside an Arbitral Award
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