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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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.
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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.
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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.
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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.
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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.
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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
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
Nishant Kumar
- Aug 6, 2023
- 6 min
Opportunity to Public Equity Shareholders to Acquire Shares after CIRP: A Pragmatic Step?
The proposed framework addresses the concerns of small investors and would go a long way in supporting them.
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Aayush Panwar, Aditya Maheshwari
- Feb 8, 2023
- 5 min
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, 2023
- 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.
1,229
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.
1,636
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.
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Tejas Hinder, Diksha Bhatt
- May 20, 2021
- 5 min
Ramesh Kymal: Analysing the Need for a Lesser ‘Creditor-Heavy’ Force Majeure Model under the IBC
This piece aims to address the impact of Section 10A of the IBC on operational creditors in the context of Ramesh Kymal case.
416
Sambhawi Sanghmitra, Vijay Rohan Krishna
- Nov 11, 2020
- 6 min
The Curious Case of Ruchi Soya and SEBI’s Proposal to Recalibrate MPS Norms in CIRP Cases
[Sambhawi Sanghmitra is a student at Chanakya National Law University, Patna, and Vijay Rohan Krishna is a student at National University...
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Abhishekh Mishra
- Oct 7, 2020
- 7 min
Role of Resolution Professional in Determination of Claims under IBC: An Analysis
[Abhishekh is a student at National University of Study and Research in Law, Ranchi.] As far as creditors and debtors of the Indian...
2,229
Shivani Shenoy, Yashwardhan Rajawat
- Aug 29, 2019
- 5 min
End of the Road for CIRP: An Impasse at the COC
[Shivani Shenoy and Yashwardhan Rajawat are students at Symbiosis Law School, Pune.] In this article, the authors analyse the...
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Shubham Kumar
- Aug 23, 2019
- 8 min
Issues Arising from Non- Implementation of a Resolution Plan
[Shubham Kumar is a student at Hidayatullah National Law University, Raipur.] The Insolvency and Bankruptcy Code, 2016 (IBC) has, within...
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Moksh Ranawat, Aman Guru
- Jan 15, 2019
- 5 min
The Problem of Non-Performing Assets in the Power Sector: ‘Brighter’ Times Ahead?
[Moksh Ranawat and Aman Guru are students at Symbiosis Law School, Pune.] The problem of non-performing assets (NPAs) in the power sector...
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Lakshya Gupta
- Dec 30, 2018
- 6 min
Examining Section 11 of the Insolvency and Bankruptcy Code 2016
[Lakshya Gupta is a student at Jindal Global Law School.] With the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016, the...
518
IRCCL Blog
- Jun 8, 2018
- 2 min
The Home Buyer Saga and the IBC Ordinance
In a major relief to home buyers, the President promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (Ordinance),...
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