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.
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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.
152
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.
123
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.
355
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.
256
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.
434
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...
163
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.
638
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.
392
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.
810
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.
315
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.
352
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.
414
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...
190
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.
485
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.
154
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.
278
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.
1,136
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.
1,054
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.
246
Pratyanik Chakraborty
Jan 226 min read
What Art Thou, CCD: Debt Equity or Still a Confusion?
Hybrid securities, by virtue of having the best of both the worlds of debt and equity, are a highly desirable instrument.
404
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.
397
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.
297
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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