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Resolving Resolution: IBBI’s Remedy for Creditor Confidence
The IBBI has realized the value of market-driven resolution which it has effectively pivoted towards. The timing of the notification of these amendments must also be appreciated. India is notoriously a slow insolvency jurisdiction, and such perceptions can seriously damage credit availability in markets.
Paras Tripathi, KS Arartik
Aug 236 min read
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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
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(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
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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
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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.
Gaargi Singh
Jun 13, 20227 min read
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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
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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
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Power Sector NPAs: RBI Bats for the IBC Route if Banks Fail to Table a Time-bound Resolution Plan
[Devansh Srivastava is a fourth-year student at NLIU Bhopal.] With the aim of resolving stressed assets in the economy, the Reserve Bank...
Devansh Srivastava
Nov 18, 20186 min read
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