Committee of Creditors

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.

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.

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.

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.

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.

Manav Ganapathy

Jul 9, 20236 min read

(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.

Kumar Shubham, Divyansh Bhardwaj

Apr 26, 20236 min read

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.

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.