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Personal Guarantor Insolvency under the IBC: What to Expect
Promoters and directors often provide personal guarantees for company loans to secure financing from creditors. Earlier, if the company defaulted, creditors generally had to pursue
Minimum Default Amount to Trigger IBC Proceedings
The Insolvency and Bankruptcy Code, 2016 (IBC) does not apply to every unpaid debt. A minimum default amount under IBC determines whether a creditor can initiate insolvency proceed
Aircel Spectrum Case: Supreme Court Rules Spectrum Cannot Enter the IBC Estate Due to Conditional Licensing
Background: A Telecom Giant’s Collapse and the Asset Question That Followed The story of Aircel Limited’s financial collapse is not unusual in the Indian telecom sector
Joint Insolvency Proceedings for Intricately Linked Corporate Entities Under IBC
Introduction On February 3, 2026, the Supreme Court of India delivered a landmark judgment in Satinder Singh Bhasin v. Col. Gautam Mullick & Ors. [1], which affirmed that a sin
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
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
NCLT Approval Not Required for Criminal Complaints in High Court Wound-Up Companies: Kerala High Court Ruling
Introduction The intersection of corporate insolvency proceedings and criminal prosecution has long presented complex jurisdictional questions in Indian jurisprudence. The recent j
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
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
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
