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Inherent and Discretionary Powers of the NCLT and NCLAT under the IBC: Where the Limits Lie
Insolvency proceedings run on a statutory clock. The Insolvency and Bankruptcy Code, 2016 (“IBC”) prescribes who may act, at what stage, and within what time. Yet no st
Interest on Delayed Payments as Operational Debt under the IBC: Thresholds, MSME Claims and the Proper Forum
Examining the Non-Inclusion of Unagreed Interest as Operational Debt and MSME Claims before NCLT and MSEFC A supplier whose invoices remain unpaid may add interest to the pr
Homebuyers and Other Consumers under the IBC: Why the Law Treats Them Differently
A family that has paid instalments for an apartment and a traveller who has paid for an airline ticket are both, in ordinary language, consumers who paid in advance for something t
Belated Claims under IBC: Why Claims Filed After CoC Approval of a Resolution Plan Are Generally Not Admitted
A corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”) works only if everyone bidding for the corporate d
Section 10A of the IBC and COVID-Period Defaults: The NCLAT Decision in the Sporta Technologies Appeal
Section 10A of the Insolvency and Bankruptcy Code, 2016 (“IBC”) was a pandemic-era measure with a permanent effect: defaults that arose during the protected window can
Siddharth Enterprises v. Shapoorji Pallonji: A Case Note on MSME Interest Claims in Section 9 Proceedings
This note examines whether statutory interest claimed by an MSME can be relied on under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) to establish an op
Must Operational Creditors Be Paid in Cash under a Resolution Plan? Section 30(2)(b) of the IBC after Gupta Textiles
Resolution applicants sometimes propose to satisfy operational creditors with securities instead of cash, including equity shares, preference shares, or instruments payable in the
Do Promoters and Suspended Directors Have Locus Standi to Intervene in CIRP Applications?
Once a company is admitted into a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”), the board’s
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
Unsecured Creditors under the IBC: What Rights They Actually Have
An unsecured creditor holds no charge over the debtor’s assets. When the debtor enters insolvency, the position of an unsecured creditor under the IBC depends on two things:
