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Section 7 vs Section 9 IBC application: which applies to you
When a creditor is owed money by a defaulting company, the Insolvency and Bankruptcy Code, 2016 raises a threshold question: which provision applies? Section 7 is available to a fi
How to file a CIRP application under IBC (Sections 7, 9 and 10)
The Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC) is the legal process through which an insolvent or defaulting company underg
Operational vs Financial Creditor Under IBC: Filing Strategy and Thresholds
Executive Summary The distinction between an operational creditor and a financial creditor under the Insolvency and Bankruptcy Code, 2016 (“IBC” or “the Code̶
Post-Notice Disputes as Pre-Existing Disputes Under IBC: A Legal Analysis
Introduction The Insolvency and Bankruptcy Code, 2016 (IBC), provides a structured mechanism for resolving insolvency disputes, particularly through the Corporate Insolvency Resolu
Limitation for Operational Creditors under Section 9 of the IBC: Invoices, Part Payments and Acknowledgments
Suppliers often allow invoices to remain unpaid for years in the hope of preserving a commercial relationship. When they eventually turn to Section 9 of the Insolvency and Bankrupt
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
Flipkart’s Corporate Insolvency Case Journey: NCLT Order and High Court Intervention
Introduction In October 2019, the e-commerce giant Flipkart India faced an unprecedented legal challenge when the National Company Law Tribunal admitted it into corporate insolvenc
