Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification
Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.
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Shreya Saswati, Sruti Patra
- Oct 5
- 6 min
Limited Responsibility of Asset Reconstruction Companies in the Recovery Process
ARCs have the scope of not just reviving assets but also reviving businesses which would contribute towards a more permanent resolution.
106
Satwik Mohapatra
- Jul 15
- 6 min
The Turbulence of GoFirst: Unriddling the Insolvency Puzzle and Implications
The main issue which revolves around the insolvency of GoFirst is the possession of aircraft.
206
Aditi Kundu
- Jun 8
- 8 min
Principle of Commercial Wisdom Revisited: Comment on MK Rajagopalan v. Dr Periasamy Palai Gounder
The author attempts to analyze the stage that the principle of commercial wisdom of the CoC holds under the Indian insolvency jurisprudence.
581
Aayush Panwar, Aditya Maheshwari
- Feb 8
- 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.
767
Manik
- Jan 23
- 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.
872
Deepali Bhandari
- Jan 16
- 4 min
The Fate of Pre-Pack in India
The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.
442
Pratyush Singh
- Nov 15, 2022
- 6 min
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
809
Amar Gupta
- Oct 9, 2022
- 4 min
Rainbow Papers Judgment: A Step Backwards in Insolvency
Per the author, the judgment in Rainbow Papers requires immediate review.
1,966
Amar Gupta
- Oct 2, 2022
- 4 min
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
138
Harshit Joshi
- Aug 4, 2022
- 6 min
Section 29a(H) of IBC: Eligibility of Resolution Applicants
This article critically evaluates the ruling in MBL Infrastructures and the legal precedents surrounding Section 29A of IBC.
805
Chhavi Singh
- Jul 12, 2022
- 6 min
Need for Specialised Resolution Laws for Financial Institutions in India
The author argues that a separate resolution regime for banks is something India desperately needs to properly tackle bank failures.
400
Diya Dave
- Jul 4, 2022
- 6 min
Orator Marketing v. Samtex Desinz: A Case Comment
Author offers a critique on the decision of the Supreme Court of India in Orator Marketing v. Samtex Desinz.
404
Gaargi Singh
- Jun 13, 2022
- 7 min
Need for Judicial Scrutiny of the Commercial Wisdom of COC
The article addresses issues relating to flexibility given to COC and resolution professionals in the name of commercial wisdom under IBC.
1,372
Shivam Bhattacharya, Naman Jain
- Jun 1, 2022
- 5 min
Pre-Packaged Insolvency for MSMEs in India: A Shot in the Arm?
Authors analyse reasons for introduction of pre-packaged insolvency resolution process and highlight its potential challenges.
778
Arun Raghuram Mahapatra, Akshat Verma
- Apr 15, 2022
- 4 min
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part II
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
448
Arun Raghuram Mahapatra, Akshat Verma
- Apr 10, 2022
- 7 min
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part I
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
373
Dharmendra Chatur
- Apr 7, 2022
- 4 min
Public Policy Exception to Proposed Cross-Border Insolvency Law – Two Problems & Proposed Amendments
Author deals with 2 problematic aspects and proposes amendments to public policy exception contained in draft cross border insolvency law.
341
Vedaant Agarwal, Shivankar Sukul
- Apr 2, 2022
- 11 min
Tracing Reforms in Indian Securitization Regime: Careful Optimism or Throwing Caution to the Wind?
The article describes the legal regime governing securitization while understanding the implications of the recent reforms in the regime.
351
Yasaschandra Devarakonda, Sushmit Mandal
- Mar 27, 2022
- 10 min
Insolvency Arbitration : Dawn of a New Era in India
Authors argue that insolvency arbitration will evolve into a niche of its own - reaping benefits that the arbitral system has to offer.
963
Sudiksha Ravi
- Feb 25, 2022
- 4 min
Secured Creditors and Registration of Interests: A Change in Rights
This article assesses the rights of secured creditors conditional to filing of security interests prior to, and after the 2016 amendment.
1,614
Sakshi Garg
- Feb 14, 2022
- 6 min
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.
461
Dakshita Chopra
- Feb 8, 2022
- 5 min
Mandatory Pre-Insolvency Restructuring: The Next Step in the Evolution of Our Insolvency Ecosystem
The author is of the view that a pre-insolvency restructuring process will arrest the flow of cases to the NCLT.
247
Vedaant S Agarwal, Pratham P Mohanty
- Aug 7, 2021
- 7 min
Videocon Saga: Does Commercial Wisdom Justify Huge Haircuts?
The authors attempt to answer the fundamental questions around haircuts and examine if the same truly cater to the objective of IBC.
841
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