Insolvency Law

Aditi, Abha Singhal

Nov 97 min read

Churning the Ocean: The Irony of Section 230's Shield against IBC's Purge

The authors conclude that the dictum is prone to irony and contradicts the objectives of the IBC.

Aarya Parihar

Oct 265 min read

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.

Hamza Khan, Divyanshu Kumar

Oct 196 min read

Expediting CIRP while Safeguarding Competition

The article suggests some alternatives to green channel mechanism that would expedite the CIRP.

Vanshika Sharma

Sep 246 min read

Unravelling the Labyrinth: Evolution of Homebuyers’ Status under IBC

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

Mayank Kaushik, Kanishka Pareek

Sep 17 min read

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.

Manav Pamnani, Shourya Sharma

Aug 258 min read

Navigating Section 14: Applicability to Foreign-Seated Arbitrations

The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.

Nitika, Shaurya Shrestha Awasthi

Jul 286 min read

De Lege Ferenda: Does Suspension Period Need Urgent Reform?

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

Digvijay Khatai, Zoya Farah Hussain

Jul 206 min read

EPR in Insolvency: Quest for a Greener Resolution

[Zoya and Digvijay are students at National Law University Odisha.] Unprecedented temperatures, pernicious hurricanes and melting...

Aditi Bharadwaj, Pratishtha Shrivastava

Jun 296 min read

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.

Ritvik Mishra

Jun 167 min read

The Case of Sutanu Sinha: Misunderstood Law and Damaging Consequences

The SC in Sutanu Sinha chose from the diverging set of views on the nature of CCDs and their treatment under the IBC.

Aarya Parihar

Jun 57 min read

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.

Divyam Desai

Jun 26 min read

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.

Mansi Verma

May 56 min read

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.

Mayannk Sharma

Mar 316 min read

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.

Yadu Krishna

Feb 176 min read

A Letter to Legislators of the Incumbent Group Insolvency Regime: Defining Corporate Group and Lessons from Cox and Kings

[Yadu is a student at Symbiosis Law School, Pune.] Group insolvency is defined under Article 2(f) of the UNCITRAL Model Laws on...

Kaustubh Kulkarni

Feb 146 min read

Navigating MSME Insolvency: SC Ruling in Hari Babu Thota and Section 29A Implications

Hari Babu ruling gives scope for abuse of Section 29A by allowing backdoor entry of promoters.

Avantika

Feb 26 min read

The Dichotomy of Resolution Professionals as Public Servants: Public Duty vis-à-vis Public Character

Narrow interpretation of the definition of ‘public servant’ is concerning due to its potential implications.

Heeya Sharma, Snigdha

Feb 15 min read

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.

Masad Khan

Jan 286 min read

MSME Exemption under IBC: Closing the Loophole

It is important that the law laid down in the case of Hari Babu Thota be reviewed.

Subhasish Pamegam

Jan 277 min read

Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC

The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.

Sidhanth M K Majoo, Arpit Dhingra

Jan 266 min read

CCDs: Balancing Investor Interests and Fairness in Legal Interpretation

The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.

Garvit Shrivastava, Harshita Dhakad

Jan 187 min read

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.

Ishita Warghat

Dec 31, 20235 min read

An Attempt to Align IBC with CTC: A Step in the Right Direction?

This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.

Anmol Aggarwal, Akshat Verma

Dec 22, 20236 min read

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.

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