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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
The ₹1 Crore Minimum Threshold for Section 9 IBC Applications: Which Date Counts?
An operational creditor seeking to initiate corporate insolvency resolution process (CIRP) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) must show a default mee
CIRP Timelines, Aircraft Lessors and Liquidation: What the Go First Proceedings Show about Airline Insolvency
An airline in insolvency raises problems that the Insolvency and Bankruptcy Code, 2016 (“IBC”) was not originally designed for: the most valuable assets are leased, the
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
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
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
Accountability of Director Under the IBC: The Adya Oils and Chemicals Ltd. Case Before NCLT Mumbai Bench
An Analysis of Director Liability and False Representation Provisions in Corporate Insolvency Proceedings Introduction The National Company Law Tribunal (NCLT) Mumbai Bench recentl
Can a Resolution Professional Reduce an Admitted Claim During CIRP?
A creditor files a claim; the resolution professional admits it; the creditor takes its place in the committee of creditors. Weeks later, records surface showing that a large part
Powers of the NCLT in Cases of Oppression and Mismanagement
Introduction The National Company Law Tribunal (NCLT) stands as a pivotal institution in India’s corporate landscape, safeguarding shareholder interests and ensuring fair cor
“Preferential Transactions” Section 43(3)(a) of the IBC : An Exception to Preferential Transactions
What is a preferential transaction? A Preferential Transactions is a transfer of property or an interest thereof by a corporate debtor to a creditor or a guarantor for or on accoun
