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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
Supreme Court Directions for CoC in Insolvency Proceedings: Safeguarding Homebuyers’ Interests
Introduction The Indian real estate sector has witnessed unprecedented turmoil over the past decade, with thousands of homebuyers trapped in incomplete projects and their life savi
IBBI’s Proposed CIRP Amendments: Strengthening Transparency and Integrity in India’s Insolvency Resolution Framework
Introduction The Insolvency and Bankruptcy Board of India has recently invited public comments on significant amendments to the corporate insolvency resolution process (CIRP), mark
Can Homebuyers Challenge a CoC-Approved Resolution Plan? Limits of Appellate Review Under the IBC
Homebuyers under IBC are treated as financial creditors, but they form a class and vote through an authorised representative. The representative votes according to the decision of
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
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
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
Withdrawal of Resolution Plan & Performance Security Forfeiture in India’s Corporate Insolvency Resolution Process
Examining the Implications of Transferring Shareholding of Successful Resolution Applicant Introduction The corporate insolvency resolution process under the Insolvency and Bankrup
Decisions of Committee of Creditors to Liquidate under IBC: A NCLAT Judgment Analysis
Understanding the Role of Single Operational Creditor in CoC Under IBC and the Requirement of Reasoning for Liquidation The Insolvency and Bankruptcy Code, 2016 has fundamentally t
Discussion Paper on IBBI Amendments to Insolvency Resolution Process for Corporate Process Regulations, 2016
Introduction to the Insolvency Resolution Framework India’s insolvency resolution mechanism underwent substantial transformation with the introduction of the Insolvency and B
