The IBBI has realized the value of market-driven resolution which it has effectively pivoted towards. The timing of the notification of these amendments must also be appreciated. India is notoriously a slow insolvency jurisdiction, and such perceptions can seriously damage credit availability in markets.

The pre-pack insolvency framework was crafted with the best of intentions. It aimed to protect MSMEs from the procedural weight of CIRP while ensuring that their businesses could be salvaged quickly and quietly. But in practice, it remains a tool too complex, too exclusive, and too disconnected from how MSMEs actually function.

[ Apeksha is a student at National University of Study and Research in Law. ] The Insolvency and Bankruptcy Code 2016  ( IBC ) was...

The proposal, if accepted, will provide a fillip to exploring mediation in other aspects of insolvency. While insolvency mediation is an intricate issue, proactive proposals will facilitate stakeholder dialogue and aid in resolving inconsistencies.

The IBBI’s 2025 amendments significantly improve India’s insolvency framework by making it more aligned with global best practices.

Although the Supreme Court of India’s decision has garnered significant criticism, it is not without its merits. It emphasizes how the integrity of the insolvency process must remain sacred. The IBC transcends the role of a simple debt recovery mechanism; it is a framework rooted in legal principles and the equitable treatment of all stakeholders involved.

In this article, the author identifies two major challenges revealed by the impugned judgments: lack of a statutory time limit to implement resolution plans and imprecise role of monitoring committees in ensuring implementation of resolution plans.

The reverse CIRP model remains judicially constructed and lacks a statutory base. The reforms provide structure and direction but require legislative harmonization to fully stabilize the process.

While the BPSL-JSW is already forming into a landmark precedent in the IBC landscape, it risks creating a precedent, which undermines the revival aspect of IBC and has the possibility of deterring future CIRP proceedings.

A regulatory shift is needed. ‘Super-priority utility claims’ would introduce vital services protection, and balance would be maintained through a tiered debt resolution system. A non-retroactivity clause can protect resolution applicants from post settlement litigation. Moreover, a strategically funded PCLF would guard against unforeseen claims and improve CIRP performance.

As the IBC framework continues to evolve, successful distressed M&A will require specialized expertise, innovative structuring, and careful navigation of the unique legal complexities that characterize acquisitions under CIRP.

The peculiar scenario of the demise of the PG presents various challenges and opportunities for the legislature.

The article suggests some alternatives to green channel mechanism that would expedite the CIRP.

The ruling in this case has provided clarity on the intersection of guarantee contracts and insolvency and bankruptcy laws.

Prioritizing environmental claims during bankruptcy proceedings could diminish a company's overall value, thus needing express provisions.

This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.

By upholding appellants’ status as being part of a class of creditors, Supreme Court has managed to preserve the sanctity of 2018 amendment.

Narrow interpretation of the definition of ‘public servant’ is concerning due to its potential implications.

There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.

It is important that the law laid down in the case of Hari Babu Thota be reviewed.

The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.

This article presents flexible resolution approach as a way forward to curb the menace emanating from inclusion of going concern sale.

The proposed framework addresses the concerns of small investors and would go a long way in supporting them.

This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.