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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:
Set-Off Under IBC: What the Supreme Court Decided in Bharti Airtel v. Vijaykumar V. Iyer
Two companies that deal with each other in both directions often settle on a net basis. If one of them enters a corporate insolvency resolution process (“CIRP”), the ot
RERA Orders Passed During a Moratorium: What the NCLAT Decided in the Raghuleela Builders Case
A buyer who has paid in full for a unit that was never delivered has an obvious grievance. If the developer is admitted into insolvency while the buyer’s RERA appeal is pendi
When Assets Surface Mid-CIRP: Why the NCLAT Ordered a Fresh Form G in Masatya Technologies
A resolution plan is a bid for a defined pool of assets. Bidders price what the information memorandum discloses. If assets of significant value are added to that pool after bids h
Personal Guarantee Under IBC: Does a Resolution Plan Release the Guarantor?
Most lending to Indian companies of moderate size is supported by a personal guarantee from a promoter or director. When the company is admitted into insolvency and a resolution pl
A SARFAESI Auction That Closed Before the Moratorium: What Haldiram Incorporation Actually Decided
A bank enforces its security under the SARFAESI Act, sells the mortgaged property at auction, and issues a sale certificate. Days later, the borrower is admitted into insolvency an
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
The Unnotified Repeal: Section 243 of the Insolvency and Bankruptcy Code and Its Implications for Individual Insolvency in India
Introduction to India’s Insolvency Framework When India introduced the Insolvency and Bankruptcy Code in 2016, the legislative intent was clear: create a unified, time-bound
Transition from SICA to IBC: A Legal Framework Evolution in Indian Corporate Insolvency Law
Introduction The evolution of India’s corporate insolvency framework represents one of the most significant legal transformations in the country’s commercial jurisprude
Financial and Operational Creditors Under the Insolvency and Bankruptcy Code 2016: Legal Framework, Distinctions, and Judicial Interpretations
Introduction The Insolvency and Bankruptcy Code, 2016 [1] represents a watershed moment in India’s corporate restructuring and insolvency landscape. This landmark legislation
