top of page
Applicant Reluctance and Legal Complexities in Distressed Acquisitions Under IBC
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.
Ayushman Sagar Jha, Chaitya Hiremath
May 116 min read
171
Death of Personal Guarantor and its Consequences on PGIRP
The peculiar scenario of the demise of the PG presents various challenges and opportunities for the legislature.
Aarya Parihar
Oct 26, 20245 min read
630
Expediting CIRP while Safeguarding Competition
The article suggests some alternatives to green channel mechanism that would expedite the CIRP.
Hamza Khan, Divyanshu Kumar
Oct 19, 20246 min read
219
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.
Mayank Kaushik, Kanishka Pareek
Sep 1, 20247 min read
519
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.
Aditi Bharadwaj, Pratishtha Shrivastava
Jun 29, 20246 min read
798
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.
Aarya Parihar
Jun 5, 20247 min read
1,492
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.
Mayannk Sharma
Mar 31, 20246 min read
527
The Dichotomy of Resolution Professionals as Public Servants: Public Duty vis-Ã -vis Public Character
Narrow interpretation of the definition of ‘public servant’ is concerning due to its potential implications.
Avantika
Feb 2, 20246 min read
271
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.
Heeya Sharma, Snigdha
Feb 1, 20245 min read
365
MSME Exemption under IBC: Closing the Loophole
It is important that the law laid down in the case of Hari Babu Thota be reviewed.
Masad Khan
Jan 28, 20246 min read
1,782
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.
Garvit Shrivastava, Harshita Dhakad
Jan 18, 20247 min read
615
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.
Anmol Aggarwal, Akshat Verma
Dec 22, 20236 min read
224
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.
Nishant Kumar
Aug 6, 20236 min read
1,319
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.
Aayush Panwar, Aditya Maheshwari
Feb 8, 20235 min read
1,142
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
Manik
Jan 23, 20234 min read
1,352
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.
Harsh Tomar
Sep 21, 20227 min read
1,945
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.
Sanya Goel
Sep 16, 20225 min read
294
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.
Tejas Hinder, Diksha Bhatt
May 20, 20215 min read
436
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...
Sambhawi Sanghmitra, Vijay Rohan Krishna
Nov 11, 20206 min read
827
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...
Abhishekh Mishra
Oct 7, 20207 min read
2,526
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...
Shivani Shenoy, Yashwardhan Rajawat
Aug 29, 20195 min read
673
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...
Shubham Kumar
Aug 23, 20198 min read
3,389
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...
Moksh Ranawat, Aman Guru
Jan 15, 20195 min read
83
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...
Lakshya Gupta
Dec 30, 20186 min read
634
bottom of page