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Impact of Resolution Plans on Personal Guarantors under IBC
An Examination of the NCLAT’s Stance on Personal Guarantors in Resolution Plans Introduction The relationship between corporate insolvency resolution and personal guarantor liabi
Inter-Corporate Deposits as Financial Debt: NCLAT Position
An In-depth Analysis of the Case: Ansal Housing Ltd. vs. Samyak Projects Pvt. Ltd. Introduction The relationship between corporate entities often involves financial arrangements th
Fraudulent Use of Insolvency Proceedings to Evade Tax Liabilities: Analysis of NCLT Kolkata’s Decision in Jayam Vyapaar Pvt. Ltd.
Introduction The relationship between insolvency law and tax enforcement has emerged as one of the most contentious areas in India’s corporate legal framework. The National C
“Preferential Transactions” Section 43(3)(a) of the IBC : An Exception to Preferential Transactions
What is a preferential transaction? A Preferential Transactions is a transfer of property or an interest thereof by a corporate debtor to a creditor or a guarantor for or on accoun
Confidentiality in Corporate Insolvency Resolution Process: An Analysis of Cross-Corporate Debtor Claims Computation Under the Insolvency and Bankruptcy Code
A case analysis of Mr. Somshankar Das Gupta Vs. Mr. Rakesh Kumar Agarwal (RP) & Ors., decided by the National Company Law Tribunal (NCLT) on 10.09.2023. Introduction The corpor
Admission of Claim on the Basis of Balance Sheet Under the Insolvency and Bankruptcy Code: An Analysis of the NCLAT Decision in Engineering Mazdoor Parishad Case
Introduction The intersection of limitation law and insolvency proceedings has emerged as a critical area of jurisprudential development in India’s evolving insolvency framew
Applicability of Insolvency and Bankruptcy Code to Section 8 Companies: Legal Framework and Judicial Analysis
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) has fundamentally transformed India’s approach to corporate insolvency, establishing a unified framework for the r
Information Utility under IBC, 2016: Revolutionizing Credit Information Infrastructure
Introduction The Indian credit recovery infrastructure has undergone a remarkable transformation since its inception, evolving from cumbersome judicial processes to modern technolo
Personal Guarantors Liable for Corporate Debt: Comprehending Supreme Court’s verdict.
Introduction The provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) regulating the obligation of personal guarantors to corporate debtors were affirmed in a recent
Understanding the Committee of Creditors under the IBC, 2016
Introduction The insolvency resolution framework in India underwent a significant transformation with the enactment of the Insolvency and Bankruptcy Code, 2016 (IBC). At the core o
