A regulatory shift is needed. ‘Super-priority utility claims’ would introduce vital services protection, and balance would be maintained through a tiered debt resolution system. A non-retroactivity clause can protect resolution applicants from post settlement litigation. Moreover, a strategically funded PCLF would guard against unforeseen claims and improve CIRP performance.

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.

The NCLT’s decision reaffirms the principle that a clear distinction must be maintained between the provision of IBC and PMLA.

The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.

The recent amendment to the Liquidation Regulations has introduced a measure of certainty and clarity for homebuyers.

To ensure proper functioning of internal market, it is crucial to eliminate incentives for parties to move assets or judicial proceedings.

This article presents flexible resolution approach as a way forward to curb the menace emanating from inclusion of going concern sale.

Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.

ARCs have the scope of not just reviving assets but also reviving businesses which would contribute towards a more permanent resolution.

The main issue which revolves around the insolvency of GoFirst is the possession of aircraft.

The author attempts to analyze the stage that the principle of commercial wisdom of the CoC holds under the Indian insolvency jurisprudence.

This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.

The author examines the constant tussle between PMLA and IBC.

The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.

This article attempts to present a narrower interpretation of the Rainbow Papers judgment.

Per the author, the judgment in Rainbow Papers requires immediate review.

The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.

This article critically evaluates the ruling in MBL Infrastructures and the legal precedents surrounding Section 29A of IBC.

The author argues that a separate resolution regime for banks is something India desperately needs to properly tackle bank failures.

Author offers a critique on the decision of the Supreme Court of India in Orator Marketing v. Samtex Desinz.

The article addresses issues relating to flexibility given to COC and resolution professionals in the name of commercial wisdom under IBC.

Authors analyse reasons for introduction of pre-packaged insolvency resolution process and highlight its potential challenges.

In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.

In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.