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Timeline of the Corporate Insolvency Resolution Process (CIRP)
The CIRP timeline under the Insolvency and Bankruptcy Code, 2016 (IBC) is intended to keep insolvency proceedings moving without unnecessary delay. When a company remains in distre
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
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
NCLT Investigative Powers in Insolvency Proceedings: A Comprehensive Legal Analysis of NCLAT’s Landmark Ruling in Max Publicity & Communication Case
Executive Summary The National Company Law Appellate Tribunal (NCLAT), in its recent landmark judgment in Max Publicity & Communication Pvt. Ltd. v. Enviro Home Solutions Pvt.
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
IBC 2016 and SARFAESI Act, 2002 Interplay: An Impactful Analysis in a Landmark Judgment
Introduction The recent judgment by the Kerala High Court, presided over by Hon’ble Mr. Justice N. Nagaresh, in the case of Jeny Thankachan vs. Union of India and Ors. offers a s
Cross-Border Insolvency in India: Legal Framework and Emerging Jurisprudence
Introduction The increasing integration of global economies has fundamentally transformed how businesses operate across international borders. As multinational corporations expand
Unawareness About CIRP Initiation Not a Ground for Belated Claims: Toyota Financial Services Case Analysis
A case analysis of Toyota Financial Services India Ltd. Vs. Mr. Suresh Kumar Jain (Erstwhile RP) & Ors., decided by the National Company Law Tribunal (NCLT) on 10.09.2023. In
Understanding the Corporate Insolvency Resolution Process and Liquidation Mechanisms under the Insolvency and Bankruptcy Code, 2016
Introduction The Indian economy witnessed a transformative shift in 2016 when the Insolvency and Bankruptcy Code received Presidential assent on May 28, 2016.
