Insolvency Law 3/5

Srushti S Kekre, Akshay Shrivastava

Jun 20, 20226 min read

Autonomy to Accountability: Code of Conduct Setting Standards of Transparency

Author believes that the proposed code of conduct for CoC may safeguard stakeholders against the arbitrary approval of a resolution plan.

Gaargi Singh

Jun 13, 20227 min read

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.

Shivam Bhattacharya, Naman Jain

Jun 1, 20225 min read

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.

Arun Raghuram Mahapatra, Akshat Verma

Apr 15, 20224 min read

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.

Arun Raghuram Mahapatra, Akshat Verma

Apr 10, 20227 min read

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.

Dharmendra Chatur

Apr 7, 20224 min read

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.

Vedaant Agarwal, Shivankar Sukul

Apr 2, 202211 min read

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.

Sudiksha Ravi

Feb 25, 20224 min read

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.

Sakshi Garg

Feb 14, 20226 min read

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.

Dakshita Chopra

Feb 8, 20225 min read

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.

Ankit Sharma

Jan 3, 20227 min read

Revisiting the Treatment of Subordination Agreements under Section 53 of the IBC

The article examines the NCLAT ruling Technology Development Board v. Anil Goel.

Vedaant S Agarwal, Pratham P Mohanty

Aug 7, 20217 min read

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.

Shubham Gupta, Mohak Thukral

May 27, 20217 min read

Moratorium under Insolvency and Bankruptcy Proceedings Applicable to Cheque Dishonour Cases

The authors examine the judgment of the Supreme Court of India in P Mohanraj v Shah Brothers Ispat Private Limited.

Tejas Hinder, Diksha Bhatt

May 20, 20215 min read

Ramesh Kymal: Analysing the Need for a Lesser ‘Creditor-Heavy’ Force Majeure Model under the IBC

This piece aims to address the impact of Section 10A of the IBC on operational creditors in the context of Ramesh Kymal case.

Kumari Saloni

May 14, 20216 min read

IBC: The Balance Sheet-Acknowledgment Saga Settles, But There is Something More Concerning

While the article celebrates SC’s decision on balance sheet acknowledgment, it highlights its failure to examine Section 18 jurisprudence.

Paridhi Rastogi, Yagya Sharma

May 9, 20216 min read

Supreme Court Settles the Law on the Interplay Between the IBC and the Limitation Act

This article discusses the issue of application of Section 14 of the Limitation Act to applications under Section 7 of the IBC.

Kumari Saloni

Apr 19, 20217 min read

IBC: Avoidance Proceedings Beyond Resolution in Light of Venus Recruiters

The author examines a recent Delhi HC ruling that attempts to recognize the gap in the law regarding avoidance applications post-resolution.

Vinisha Jain, Damini Chouhan

Mar 25, 20214 min read

Ramesh Kymal v M/s Siemens Gamesa Renewable Power: Quandary of Section 10A

The authors examine how Ramesh Kymal v Siemens Gamesa Renewable Power aptly depicts Section 10A as being asymmetrical and inadvertent.

Sanjana L.B.

Jan 25, 20216 min read

Can Spectrum be Subjected to Proceedings under IBC?

The article examines several considerations around the question of whether spectrum is capable of being subjected to proceedings under IBC.

Abhishek Jamalpur

Dec 15, 20204 min read

Analysing the Unenforceability of Ipso Facto Clauses During Insolvency Process

The article discusses ipso facto clauses from the standpoint of insolvency and liquidation process.

Armaan Motiwala, Ritu Chaudhary

Dec 3, 20206 min read

NCLAT Reinforces the Timeframe of CIRP vis-à-vis Panna Pragati

[Armaan and Ritu are students at SVKM'S NMIMS Kirit P Mehta School of Law, Mumbai.] One of the underlining objectives of the Insolvency...

Abhishekh Mishra

Oct 7, 20207 min read

Role of Resolution Professional in Determination of Claims under IBC: An Analysis

[Abhishekh is a student at National University of Study and Research in Law, Ranchi.] As far as creditors and debtors of the Indian...

Harshil Wason

Jul 28, 20206 min read

To Enforce or to Relinquish – The Predicament of Joint Charge Holders under IBC

[Harshil is a student at Symbiosis Law School.] In a recent decision of the National Company Law Appellate Tribunal (NCLAT) in Mr...

Keshav Somani

Jul 25, 20205 min read

Srikanth Dwarkanath v Surana Power Limited: NCLAT’s Idea of Majoritarianism

[Keshav is a student at Gujarat National Law University.] The National Company Law Tribunal (NCLT) Chennai directed the liquidation of...

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