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HomePosts tagged "insolvency law"(Page 3)
13
May
May 13, 2024
Corporate Insolvency & NCLTNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

Limitation for Operational Creditors under Section 9 of the IBC: Invoices, Part Payments and Acknowledgments

Suppliers often allow invoices to remain unpaid for years in the hope of preserving a commercial relationship. When they eventually turn to Section 9 of the Insolvency and Bankrupt

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By Team
26
Apr
April 26, 2024
BusinessCorporate Insolvency & NCLTDebt Recovery Tribunal(DRT)TaxationThe Insolvency & Bankruptcy Code

Tax Dues in Insolvency under the IBC: Priority, Moratorium and the Clean Slate after the 2026 Amendments

Tax authorities are among the largest creditors in many insolvencies, yet the Insolvency and Bankruptcy Code, 2016 (“IBC”) does not give tax dues under IBC any special

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By Team
20
Apr
April 20, 2024
BusinessCorporate Insolvency & NCLTLegal AffairsThe Insolvency & Bankruptcy Code

Pre-Packaged Insolvency Resolution Process (PPIRP) for MSMEs under the IBC: How It Works and What Changed in 2026

A conventional corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”) removes the board of directors and ha

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By Team
15
Apr
April 15, 2024
Banking/Finance LawBusinessLegal Affairsliquidation

Voluntary Liquidation of a Solvent Company under Section 59 of the IBC: Process, Timelines and the 2026 Changes

A company that has stopped doing business and has no unpaid debts still exists in law until it is formally dissolved. Indian law offers several exit routes, and the one designed fo

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By Team
15
Apr
April 15, 2024
Corporate Insolvency & NCLTJudicial DecisionsNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

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

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By Team
05
Apr
April 5, 2024
Corporate Insolvency & NCLTNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

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

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By Team
05
Apr
April 5, 2024
Corporate Insolvency & NCLTNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

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

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By Team
01
Apr
April 1, 2024
Corporate Insolvency & NCLTLegal ProcedureNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy Code

Are Interest-Free Loans “Financial Debt” under the IBC? The Supreme Court’s Answer and Its Limits

  Money often moves between group companies, from promoters into their businesses, or from friendly investors, without any stipulated interest. When the recipient later enters

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By Advocate Chandni Joshi
27
Mar
March 27, 2024
Alternative Dispute ResolutionCorporate Insolvency & NCLTNational Company Law Tribunal(NCLT)The Insolvency & Bankruptcy CodeUncategorized

Can Homebuyers Challenge a CoC-Approved Resolution Plan? Limits of Appellate Review Under the IBC

Homebuyers under IBC are treated as financial creditors, but they form a class and vote through an authorised representative. The representative votes according to the decision of

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By Team
12
Feb
February 12, 2024
Banking/Finance LawCorporate Insolvency Resolution Process (CIRP)The Insolvency & Bankruptcy Code

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

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By Team

Posts pagination

01 02 03 04 05
Arbitration Law
Section 34 vs Section 37 of the Arbitration Act Explained
Civil Law
Condonation of Delay in Filing an Appeal
Appeal LawyersCivil Law
How to File a First Appeal under Section 96 CPC
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