Double Insolvency: Navigating the Complexities of Guarantor and Principal Debtor CIRPs
The ruling in this case has provided clarity on the intersection of guarantee contracts and insolvency and bankruptcy laws.
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Manav Pamnani, Shourya Sharma
- Aug 25
- 8 min
Navigating Section 14: Applicability to Foreign-Seated Arbitrations
The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.
288
Nitika, Shaurya Shrestha Awasthi
- Jul 28
- 6 min
De Lege Ferenda: Does Suspension Period Need Urgent Reform?
To ensure proper functioning of internal market, it is crucial to eliminate incentives for parties to move assets or judicial proceedings.
185
Digvijay Khatai, Zoya Farah Hussain
- Jul 20
- 6 min
EPR in Insolvency: Quest for a Greener Resolution
[Zoya and Digvijay are students at National Law University Odisha.] Unprecedented temperatures, pernicious hurricanes and melting...
132
Aditi Bharadwaj, Pratishtha Shrivastava
- Jun 29
- 6 min
Redefining Insolvency: A Case for Prioritizing Ecological Concerns
Prioritizing environmental claims during bankruptcy proceedings could diminish a company's overall value, thus needing express provisions.
454
Ritvik Mishra
- Jun 16
- 7 min
The Case of Sutanu Sinha: Misunderstood Law and Damaging Consequences
The SC in Sutanu Sinha chose from the diverging set of views on the nature of CCDs and their treatment under the IBC.
290
Aarya Parihar
- Jun 5
- 7 min
Project-Wise CIRP: To Order or Not?
This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.
588
Divyam Desai
- Jun 2
- 6 min
Enigma of Explanation to Section 33(2): Unleashing the Unchecked Power of CoC, A Threat to the Object of IBC
Inviting resolution plans and, after analyzing the same, approaching liquidation would, in the author’s view, amount to commercial wisdom.
214
Mansi Verma
- May 5
- 6 min
Exploring the Conjunctive Test to Navigate the Treatment of Assignees of Related Party Financial Creditors Post Phoenix ARC v. Spade
The post discusses the employment of the conjunctive test for preservation of the claims of genuine stakeholders within the COC.
246
Mayannk Sharma
- Mar 31
- 6 min
Clarity on Parity? The Supreme Court’s Verdict on ‘Hyperclassification’ of Financial Creditors
By upholding appellants’ status as being part of a class of creditors, Supreme Court has managed to preserve the sanctity of 2018 amendment.
360
Yadu Krishna
- Feb 17
- 6 min
A Letter to Legislators of the Incumbent Group Insolvency Regime: Defining Corporate Group and Lessons from Cox and Kings
[Yadu is a student at Symbiosis Law School, Pune.] Group insolvency is defined under Article 2(f) of the UNCITRAL Model Laws on...
182
Kaustubh Kulkarni
- Feb 14
- 6 min
Navigating MSME Insolvency: SC Ruling in Hari Babu Thota and Section 29A Implications
Hari Babu ruling gives scope for abuse of Section 29A by allowing backdoor entry of promoters.
426
Avantika
- Feb 2
- 6 min
The Dichotomy of Resolution Professionals as Public Servants: Public Duty vis-à-vis Public Character
Narrow interpretation of the definition of ‘public servant’ is concerning due to its potential implications.
137
Heeya Sharma, Snigdha
- Feb 1
- 5 min
Analyzing the Contours of the Doctrine of Commercial Wisdom in light of Equitable Treatment of the Stakeholders
There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.
251
Masad Khan
- Jan 28
- 6 min
MSME Exemption under IBC: Closing the Loophole
It is important that the law laid down in the case of Hari Babu Thota be reviewed.
880
Subhasish Pamegam
- Jan 27
- 7 min
Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC
The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.
904
Sidhanth M K Majoo, Arpit Dhingra
- Jan 26
- 6 min
CCDs: Balancing Investor Interests and Fairness in Legal Interpretation
The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.
221
Garvit Shrivastava, Harshita Dhakad
- Jan 18
- 7 min
NCLAT’s Ruling on CIRP’s Misuse through Barter Agreement and RERA’s Right To Appeal
The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.
319
Ishita Warghat
- Dec 31, 2023
- 5 min
An Attempt to Align IBC with CTC: A Step in the Right Direction?
This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.
278
Anmol Aggarwal, Akshat Verma
- Dec 22, 2023
- 6 min
Flexible Resolution Plans: An Egress from the Trap of Going Concern Sales
This article presents flexible resolution approach as a way forward to curb the menace emanating from inclusion of going concern sale.
195
Arth Doshi
- Dec 16, 2023
- 5 min
Has the Creditor in Control Model Helped to Achieve the Objectives of the IBC
This article seeks to evaluate the role of the creditor-in-control model in achieving the objectives of the Insolvency and Bankruptcy Code.
330
Shweta Kushe
- Nov 30, 2023
- 8 min
Paper Tigers: NCLT and NCLAT’s Contempt Jurisdiction under the IBC
A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.
1,366
Govinda Asawa, Arayan Khare
- Nov 4, 2023
- 5 min
Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification
Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.
522
Chaitanya Gupta
- Nov 1, 2023
- 5 min
Enforceability of Foreign Arbitral Awards through Section 7 of IBC
The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.
501
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