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.
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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.
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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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Govinda Asawa, Arayan Khare
Nov 4, 20235 min read
Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification
Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.
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Shreya Saswati, Sruti Patra
Oct 5, 20236 min read
Limited Responsibility of Asset Reconstruction Companies in the Recovery Process
ARCs have the scope of not just reviving assets but also reviving businesses which would contribute towards a more permanent resolution.
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Satwik Mohapatra
Jul 15, 20236 min read
The Turbulence of GoFirst: Unriddling the Insolvency Puzzle and Implications
The main issue which revolves around the insolvency of GoFirst is the possession of aircraft.
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Aditi Kundu
Jun 8, 20238 min read
Principle of Commercial Wisdom Revisited: Comment on MK Rajagopalan v. Dr Periasamy Palai Gounder
The author attempts to analyze the stage that the principle of commercial wisdom of the CoC holds under the Indian insolvency jurisprudence.
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Aayush Panwar, Aditya Maheshwari
Feb 8, 20235 min read
Supertech Insolvency: A Tussle Between Rights of Home-Buyers and Maximizing Assets under CIRP
This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.
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Manik
Jan 23, 20234 min read
Powers of ED Under Prevention of Money Laundering Law and the Tussle with IBC
The author examines the constant tussle between PMLA and IBC.
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Deepali Bhandari
Jan 16, 20234 min read
The Fate of Pre-Pack in India
The author analyses the possible reasons for the low rate of initiation under the pre-pack framework.
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Pratyush Singh
Nov 15, 20226 min read
Interpreting Rainbow Papers: What is a Statutory Charge?
This article attempts to present a narrower interpretation of the Rainbow Papers judgment.
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Amar Gupta
Oct 9, 20224 min read
Rainbow Papers Judgment: A Step Backwards in Insolvency
Per the author, the judgment in Rainbow Papers requires immediate review.
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Amar Gupta
Oct 2, 20224 min read
The Polyvocal Court
The author evaluates the judgment in Vidarbha Industries which reverses the position upheld in Innoventive and Bharath Hi-Tecch.
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Harshit Joshi
Aug 4, 20226 min read
Section 29a(H) of IBC: Eligibility of Resolution Applicants
This article critically evaluates the ruling in MBL Infrastructures and the legal precedents surrounding Section 29A of IBC.
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Chhavi Singh
Jul 12, 20226 min read
Need for Specialised Resolution Laws for Financial Institutions in India
The author argues that a separate resolution regime for banks is something India desperately needs to properly tackle bank failures.
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Diya Dave
Jul 4, 20226 min read
Orator Marketing v. Samtex Desinz: A Case Comment
Author offers a critique on the decision of the Supreme Court of India in Orator Marketing v. Samtex Desinz.
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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.
1,605
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.
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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.
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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.
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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.
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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.
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Yasaschandra Devarakonda, Sushmit Mandal
Mar 27, 202210 min read
Insolvency Arbitration : Dawn of a New Era in India
Authors argue that insolvency arbitration will evolve into a niche of its own - reaping benefits that the arbitral system has to offer.
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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.
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