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Reconceptualising the IBC for AI: A Case for Asset Stacks
This article argues that, instead of focusing on who owns each individual component, the IBC should recognise the corporate debtor’s commercial interest in the AI asset stack.
Raghav Krishna Agnihotri, Madhav Krishna Agnihotri
Sep 16 min read
Trademark Title Disputes in CIRP: Reconciling Value Maximisation With Jurisdictional Limits After Gloster
This article argues that insolvency law must respond to trademark title disputes through contractual structuring within the resolution plan.
Moksha Pancholi
Aug 307 min read
CIIRP and the Debtor-in-Possession Model: A Structural Paradox
The authors intend to analyse the CIIRP framework by positioning it against the US DIP model and examining the institutional shortcomings.
Divyanshi Srivastava, Vanshika Kamboj
Aug 296 min read
Data as an Insolvency Asset: The IBC-DPDPA Disconnect
The JetAirways proceedings illustrated a legal vacuum which is yet to be addressed.
Prachi Pravasini, Sneh Kumkum Kaushik
Aug 276 min read
Seen, But Not Heard: The Unfinished Business of Regulation 38A
This piece aims to examine the practical consequences of leaving the concept of “treatment” undefined and proposes reforms that may help give substantive effect to the protection contemplated under Regulation 38A.
Kriti Kabra
Aug 185 min read
CIIRP and the Creditor Hierarchy Problem under Insolvency and Bankruptcy Code Amendment Act 2026
The IBBI has, in the deferred commencement window, a rare opportunity to get this right before a single CIIRP is filed.
Chitraksh Singh Bhati
Aug 155 min read
Clean Slate or Blank Cheque: Contingent Claims and IBC
The nil valuation of contingent claims under the IBC is operationally convenient, judicially endorsed, and now sits atop a firm statutory footing after the 2026 Amendment, but it remains unjustified in its current form.
Naman Dudhoria
Aug 156 min read
Commercial Velocity at the Cost of Procedural Balance? Rethinking Reforms Under IBC (Amendment) Act 2026
Real systemic growth occurs when fairness is not compromised to achieve commercial speed.
Kalyani Kaushik
Aug 146 min read
The Pre-Pack Paradox: How PPIRP Recreated the Inefficiencies it was Built to Fix
PPIRP’s record of sixteen admissions in four years is not a marketing problem, and the 2026 Act’s improvements do not resolve it.
Yatharth Chakravarty
Aug 97 min read
Reversing Rainbow Papers, Revealing New Risks: The CIIRP Gap in 2026 IBC Amendment
The effectiveness of CIIRP post-Amendment will ultimately depend upon preventing disruptive pre-insolvency enforcement that frustrates restructuring efforts.
Addepalli Aaditya Hridai, Prajjwal Pandey
Jul 225 min read
Legitimacy Begins with Notice: CIIRP and the Collective Character of Insolvency
The IBC was never meant to be a code of private enforcement. It is a statute of public restructuring, where creditor control is legitimate because it is bound by statute and under adjudicatory supervision. CIIRP diminishes the first moment of that supervision and must therefore heighten the requirements of notice and objection rights.
Devansh Awasthi
Jul 147 min read
Rethinking Section 12A after the 2026 IBC Amendment
We must acknowledge that the 2026 Amendment is a correction that was much-needed, even if implemented through a blunt approach.
Tathya Sarkar, Krishna Chandrakar
Jul 107 min read
JAL’s Missing Auction: Process Finality v/s Value in IBC
The piece examines NCLAT's May 2026 dismissal of Vedanta's challenge to Adani Enterprises' INR 14,535 crore resolution plan for Jaiprakash Associates, where a bid gap of over INR 3,000 crore was left on the table due to the Process Note's bar on post-challenge modifications.
Suhani Chhaperwal
Jul 46 min read
Brilliant Metals: A Ticking Time Bomb in Indian CIRP
The conclusion in Brilliant Metals is, therefore, salvageable, even if its reasoning is not.
Abhishek Sanjay
Jun 276 min read
Guaranteeing Recovery, Denying Recourse: The Paradox of Personal Guarantor Insolvency in IBC's 2026 Amendment
This article critically analyses the recent legislative amendments and the proposed regulatory changes, with a particular focus on their implications for the recovery of liabilities from personal guarantors of corporate debtors.
Srijan Pandey, Himansh Soni
Jun 136 min read
Default and Discretion: Revisiting Insolvency Admission under Section 7 of IBC
This blog delves into the trusteeship decision, which enunciates that incomplete and informal restructuring discussions cannot be relied upon to hinder the statutory trigger of insolvency once debt and default are established.
Kavya Jindal, Roshan Kumar Behera
May 257 min read
Case for the Codification of the Reverse CIRP in India
The growing use of reverse CIRP and the acknowledgment received by the IBBI and MCA highlight that the traditional insolvency mechanism is ill-suited to address the challenges of real estate insolvency.
Farzeen Zaman
May 106 min read
What Counts as Property under the CIRP? The Spectrum Licence Conundrum
Court did not adequately discuss the provisions of the IBC to determine whether the spectrum license can be considered an asset and can be treated under the IBC.
Anushka Bhatt
May 26 min read
Settling the Law, Unsettling the Framework: Implications of Excluding Spectrum from Corporate Insolvency Proceedings
The judgment of the Supreme Court has provided doctrinal clarity on the vexed issue of the treatment of spectrum under the IBC, but this clarity has come at a considerable cost.
Raghuvir Pratap Singh
Apr 267 min read
Recalibrating Insolvency Norms: The Interface Between Aircraft Objects Act 2025 and Insolvency and Bankruptcy Code 2016
The Aircrafts Objects Act safeguards the rights of global lessors without eroding the resilience of airline companies to revive under the IBC 2016.
Rishi Dev, Ayushi Sareen
Mar 186 min read
Creditor Led Resolution Process: One Step Forward, Two Steps Backwards?
While the CLRP framework presents itself an progressive endeavor to introduce flexibility and efficiency into the insolvency regime, its current form contains several flaws that go to the root of the matter, compromising its efficacy.
Harshil Dey
Mar 158 min read
Insolvency and Bankruptcy Code (Amendment) Bill 2025: Will it Actually Fix Delays and Low Recovery under the Code?
The new amendment brings changes that are certainly going to be effective for the IBC. However, we must also not overlook the on-ground problems that might be created due to the changes in the code.
Deepika Shekhawati
Mar 146 min read
Managerial Liability under Companies Act and Insolvency of Corporate Debtor: Three Interventions
It bears no further reiteration that a proceeding under Sections 241–242 cannot be stifled by the commencement of CIRP or the approval of a resolution plan.
Sourya Mukherji
Mar 16 min read
A Step Forward or Rescue Culture’s End? Inside the 2025 Liquidation Amendment
The 2025 amendment is an attempt to draw a line in the murky sand between resolution and liquidation. Ideal value maximization lies not in how fast we close a company, but in how effectively we give it a chance to recover while it still can.
Pankaj Singh Karki
Jan 316 min read
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