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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
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
NCLT Ahmedabad Jurisdiction: Which Disputes Can Be Filed Before the Bench?
The National Company Law Tribunal (NCLT) is a key forum for corporate disputes in India, particularly matters arising under the Companies Act, 2013 and the Insolvency and Bankruptc
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
Personal Criminal Liability of Directors Under Section 138 NI Act Remains Unaffected by IBC Moratorium: Bombay High Court Ruling
Introduction The intersection of insolvency law and criminal liability has emerged as one of the most debated areas in contemporary Indian jurisprudence. The Bombay High Court̵
Threshold Limit Under IBC Section 9 for Initiating Insolvency: Clarification by NCLT Mumbai Bench
Introduction In a recent judgment, the NCLT Mumbai Bench has provided important clarifications regarding the applicability of the threshold limit for initiating corporate insolvenc
Pre-Packaged Insolvency Resolution Process (PPIRP): Unraveling Its Potential in the Realm of IBC
Introduction In recent years, the landscape of insolvency and bankruptcy resolution in India has undergone significant transformations, spurred by the enactment of the Insolvency a
Time Value of Money: Expanding the Horizon of Financial Debt with the NCLAT’s Verdict
Introduction In a landmark judgment delivered on 02.04.2024, the NCLAT provided crucial insights into the interpretation of financial debt under the Insolvency and Bankruptcy Code
Avoidance Transactions under IBC: Ensuring Accountability through the NCLT’s Directive
Introduction The NCLT Ahmedabad Bench’s judgment in *Mr. Shalabh Kumar Daga RP of Silver Proteins Pvt. Ltd. Vs. Mr. Himanshu J Domadia and Ors.* dated 11 March 2024, illumina
