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Actual Control of Assets by IRP Under IBC: No Concept of Symbolic Possession
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a watershed moment in India’s insolvency regime, fundamentally transforming how corporate distress is m
Avoidance Transactions under the IBC: The Duty to Form an Opinion, Regulation 35A and the 2026 Changes
Companies in distress sometimes shift value out before insolvency: an old debt is paid in preference to others, an asset is sold cheaply to a connected party, or a loan is taken on
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
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
Threshold Limit Under IBC: Legal Framework and Judicial Interpretations
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC) represents a landmark legislation in India’s commercial law landscape, designed to consolidate and streamli
Committee of Creditors under the Insolvency and Bankruptcy Code: A Deep Legal Analysis
Introduction The Insolvency and Bankruptcy Code, 2016 represents a watershed moment in India’s financial and economic jurisprudence, fundamentally restructuring the nation
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
Applicability of Insolvency and Bankruptcy Code (IBC) to Non-Banking Financial Companies (NBFCs)
Introduction The introduction of the Insolvency and Bankruptcy Code in 2016 marked a transformative moment in India’s corporate restructuring landscape. The legislation was d
Scope and Effect of Liquidation Under the IBC 2016
Legal Framework Governing Liquidation Statutory Provisions The liquidation process under the IBC is governed by Part II, Chapter III of the Code, specifically sections 33 to 54. Se
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
