Supertech Insolvency: A Tussle Between Rights of Home-Buyers and Maximizing Assets under CIRP
This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.
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Manik
- Jan 23
- 4 min
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
270
Deepali Bhandari
- Jan 16
- 4 min
The Fate of Pre-Pack in India
The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.
144
Pratyush Singh
- Nov 15, 2022
- 6 min
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
336
Amar Gupta
- Oct 9, 2022
- 4 min
Rainbow Papers Judgment: A Step Backwards in Insolvency
Per the author, the judgment in Rainbow Papers requires immediate review.
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Amar Gupta
- Oct 2, 2022
- 4 min
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
117
Harsh Tomar
- Sep 21, 2022
- 7 min
Analyzing Arun Kumar Jagatramka v. Jindal Steel and Power
Author proposes a middle ground where promoters and directors are at least allowed to bring proposals under insolvency regime.
381
Sanya Goel
- Sep 16, 2022
- 5 min
The Vidarbha Ruling: Opening up Pandora’s Box
This article examines the Supreme Court’s judgement in Vidarbha and examines the dire consequences that it will have on IBC regime.
206
Harshit Joshi
- Aug 4, 2022
- 6 min
Section 29a(H) of IBC: Eligibility of Resolution Applicants
This article critically evaluates the ruling in MBL Infrastructures and the legal precedents surrounding Section 29A of IBC.
474
Chhavi Singh
- Jul 12, 2022
- 6 min
Need for Specialised Resolution Laws for Financial Institutions in India
The author argues that a separate resolution regime for banks is something India desperately needs to properly tackle bank failures.
205
Diya Dave
- Jul 4, 2022
- 6 min
Orator Marketing v. Samtex Desinz: A Case Comment
Author offers a critique on the decision of the Supreme Court of India in Orator Marketing v. Samtex Desinz.
227
Srushti S Kekre, Akshay Shrivastava
- Jun 20, 2022
- 6 min
Autonomy to Accountability: Code of Conduct Setting Standards of Transparency
Author believes that the proposed code of conduct for CoC may safeguard stakeholders against the arbitrary approval of a resolution plan.
233
Gaargi Singh
- Jun 13, 2022
- 7 min
Need for Judicial Scrutiny of the Commercial Wisdom of COC
The article addresses issues relating to flexibility given to COC and resolution professionals in the name of commercial wisdom under IBC.
867
Shivam Bhattacharya, Naman Jain
- Jun 1, 2022
- 5 min
Pre-Packaged Insolvency for MSMEs in India: A Shot in the Arm?
Authors analyse reasons for introduction of pre-packaged insolvency resolution process and highlight its potential challenges.
439
Arun Raghuram Mahapatra, Akshat Verma
- Apr 15, 2022
- 4 min
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part II
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
289
Arun Raghuram Mahapatra, Akshat Verma
- Apr 10, 2022
- 7 min
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part I
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
301
Dharmendra Chatur
- Apr 7, 2022
- 4 min
Public Policy Exception to Proposed Cross-Border Insolvency Law – Two Problems & Proposed Amendments
Author deals with 2 problematic aspects and proposes amendments to public policy exception contained in draft cross border insolvency law.
238
Vedaant Agarwal, Shivankar Sukul
- Apr 2, 2022
- 11 min
Tracing Reforms in Indian Securitization Regime: Careful Optimism or Throwing Caution to the Wind?
The article describes the legal regime governing securitization while understanding the implications of the recent reforms in the regime.
284
Sudiksha Ravi
- Feb 25, 2022
- 4 min
Secured Creditors and Registration of Interests: A Change in Rights
This article assesses the rights of secured creditors conditional to filing of security interests prior to, and after the 2016 amendment.
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Sakshi Garg
- Feb 14, 2022
- 6 min
The Inviolability of a Resolution Plan: Analysis by the Apex Court
The author foresees several ramifications of the SC judgment in Ebix v. Committee of Creditors of Educomp Solutions.
337
Dakshita Chopra
- Feb 8, 2022
- 5 min
Mandatory Pre-Insolvency Restructuring: The Next Step in the Evolution of Our Insolvency Ecosystem
The author is of the view that a pre-insolvency restructuring process will arrest the flow of cases to the NCLT.
221
Ankit Sharma
- Jan 2, 2022
- 6 min
Revisiting the Treatment of Subordination Agreements under Section 53 of the IBC
The article makes a plea that subordination agreements between secured creditors be respected under Section 53 of IBC.
624
Vedaant S Agarwal, Pratham P Mohanty
- Aug 7, 2021
- 7 min
Videocon Saga: Does Commercial Wisdom Justify Huge Haircuts?
The authors attempt to answer the fundamental questions around haircuts and examine if the same truly cater to the objective of IBC.
746
Shubham Gupta, Mohak Thukral
- May 27, 2021
- 7 min
Moratorium under Insolvency and Bankruptcy Proceedings Applicable to Cheque Dishonour Cases
The authors examine the judgment of the Supreme Court of India in P Mohanraj v Shah Brothers Ispat Private Limited.
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