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Failure to Implement Resolution Plan: A Case for Ineligibility under Section 29A
The Kalyani Transco judgement has highlighted certain inefficiencies in the Code, calling for a revaluation of its provisions.
Mayank Kaushik, Kanishka Pareek
Jun 77 min read
101
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
258
Revisiting Independent Sugar: Should CCI Approval be Directory?
The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.
Khushi Vasu, Kunaal Hemnani
Mar 236 min read
312
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
228
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
838
Enigma of Explanation to Section 33(2): Unleashing the Unchecked Power of CoC, A Threat to the Object of IBC
Inviting resolution plans and, after analyzing the same, approaching liquidation would, in the author’s view, amount to commercial wisdom.
Divyam Desai
Jun 2, 20246 min read
488
Exploring the Conjunctive Test to Navigate the Treatment of Assignees of Related Party Financial Creditors Post Phoenix ARC v. Spade
The post discusses the employment of the conjunctive test for preservation of the claims of genuine stakeholders within the COC.
Mansi Verma
May 5, 20246 min read
482
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
370
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
1,878
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
235
(Re)Evaluation of the Treatment of Third-Party Security Holders under the IBC
There is need for a legislative amendment to bring in consistency in the treatment given to security holders under a resolution plan.
Manav Ganapathy
Jul 9, 20236 min read
1,264
Reconsideration of an Approved Resolution Plan by CoC: A Conundrum?
Authors analyze the power of CoC to reconsider or review its approval in a case where the successful plan is pending the approval of AA.
Kumar Shubham, Divyansh Bhardwaj
Apr 26, 20236 min read
2,949
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.
Sakshi Garg
Feb 14, 20226 min read
517
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