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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
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
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
The Importance of a Succession Certificate in Share Transmission
Introduction In a landmark ruling by the National Company Law Appellate Tribunal (NCLAT) Chennai, it was held that shares cannot be transmitted without obtaining a Succession Certi
Related Parties and Resolution Plans: Can a Related-Party Creditor Claim Equal Treatment?
Group companies routinely lend to one another. When one of them enters a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016
Claims Filed Long After CoC Approval: The NCLAT’s Approach to Late Claims During CIRP in the D.S. Kulkarni Proceedings
A resolution plan is priced on the claims placed before the committee of creditors (“CoC”). Late claims in CIRP, particularly those raised long after the CoC has approv
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
Withdrawal of Resolution Plan & Performance Security Forfeiture in India’s Corporate Insolvency Resolution Process
Examining the Implications of Transferring Shareholding of Successful Resolution Applicant Introduction The corporate insolvency resolution process under the Insolvency and Bankrup
Decisions of Committee of Creditors to Liquidate under IBC: A NCLAT Judgment Analysis
Understanding the Role of Single Operational Creditor in CoC Under IBC and the Requirement of Reasoning for Liquidation The Insolvency and Bankruptcy Code, 2016 has fundamentally t
