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Can Courts Recall a Liquidation Order to Protect Market Sentiment: Judicial Economy or Judicial Overreach?
Abstract The Supreme Court of India’s handling of the Bhushan Power and Steel Limited (“BPSL”) insolvency has triggered one of the most consequential debates in I
IBBI’s Proposed CIRP Amendments: Strengthening Transparency and Integrity in India’s Insolvency Resolution Framework
Introduction The Insolvency and Bankruptcy Board of India has recently invited public comments on significant amendments to the corporate insolvency resolution process (CIRP), mark
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
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
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
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:
Minimum Payments under a Resolution Plan: Section 30(2)(b), Nil Liquidation Value and the New Clause (ba)
When a company’s liquidation value is exhausted by secured creditors, the notional entitlement of operational creditors and unsecured financial creditors in a liquidation is
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
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
