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Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co (SAM & Co), founded on almost a century of legal achievement, is one of India’s leading full-service law firms.

Supreme Court’s Vidarbha ruling undermines India’s insolvency law

By Shardul Shroff and Misha, Shardul Amarchand Mangaldas & Co

Challenges resolving insolvencies of personal guarantors under IBC

By Saurav Panda and Ahkam Khan, Shardul Amarchand Mangaldas & Co

Impact of NCLAT judgment on development financial institutions

By Soummo Biswas and Shivani Sinha, Shardul Amarchand Mangaldas & Co.

Avoidance applications in jeopardy?

By Misha, Shardul Amarchand Mangaldas & Co
An interesting question has arisen under the Insolvency and Bankruptcy Code, 2016 (IBC) as to whether avoidance applications filed by a resolution professional to avoid vulnerable transactions can survive after the successful conclusion of the resolution process.

Issues and challenges of group insolvency in India

By Anoop Rawat and Ahkam Khan, Shardul Amarchand Mangaldas & Co
The Insolvency and Bankruptcy Code, 2016 incorporated the best practices across jurisdictions, and group insolvency was to be introduced in a phased manner

What to expect from India’s amendments to CIRP regulations

By Shardul Shroff and Shreya Prakash, Shardul Amarchand Mangaldas & Co
On 30 September 2021, the Insolvency and Bankruptcy Board of India (IBBI) issued amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2021

Challenges in implementing resolution plans in India

By Saurav Panda, Shardul Amarchand Mangaldas & Co
In spite of the strong emphasis in IBC regarding time-bound implementation, there have been several challenges that have mired timely implementation of resolution plans

Liability of guarantors after landmark India verdict

By Soummo Biswas and Shivani Sinha, Shardul Amarchand Mangaldas & Co
Guarantors, whether personal or corporate, have an intrinsic relationship with the corporate debtor in their capacities as directors, promoters, associates, subsidiaries or holding companies.

Time to learn, unlearn and relearn NBFC resolutions

By Veena Sivaramakrishnan and Soummo Biswas, Shardul Amarchand Mangaldas & Co

Unresolved riddle of the code and acknowledgement of debt

By Misha and Nikhil Mathur, Shardul Amarchand Mangaldas & Co

IBC resolution within regulated sectors in the public interest

By Anoop Rawat, Shardul Amarchand Mangaldas & Co
Various laws still contain gaps and ambiguities, and reconciliation with the provisions of the Insolvency and Bankruptcy Code, 2016 becomes a challenging task. It is essential to create synergies among specific regulatory laws with the provisions and the process envisaged under the code

Will India’s suspension of insolvency proceedings work?

By Misha and Shreya Prakash, Shardul Amarchand Mangaldas & Co
It remains to be seen if a modified version of the insolvency resolution process under the IBC will suffice in these vastly changed macro-economic conditions, or if the government will need to offer a new model for insolvency resolution

Impact of COVID-19 on bankruptcy code

By Misha and Vaijayant Paliwal, Shardul Amarchand Mangaldas & Co
The ongoing COVID-19 pandemic has dealt a crushing blow to the world economy, and has placed businesses in almost all jurisdictions under severe financial strain

PMLA v IBC: The battle for primacy

By Misha and Siddhant Kant, Shardul Amarchand Mangaldas & Co

Essar Steel judgment – paving a way to resolution

By Misha, Shardul Amarchand Mangaldas & Co

Relative priority rule in Indian insolvency law

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co

IBC amendment moves towards recognizing APR

By Pratik Datta and Varun Marwah, Shardul Amarchand Mangaldas & Co

Decoding value maximization under the code’s mandate

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co

A question of balance, via the code or otherwise

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co

Supreme Court puts aims of bankruptcy code to rest

By Shardul S Shroff and Misha, Shardul Amarchand Mangaldas & Co

Developing resolution plan for financial, operational creditors

By Shardul S Shroff and Roma Das, Shardul Amarchand Mangaldas & Co

Landmark supreme court judgment in Essar Steel case

By Shardul S Shroff and Roma Das, Shardul Amarchand Mangaldas & Co

Focus on amendments to India’s insolvency law

By Shardul S Shroff and Ambarish, Shardul Amarchand Mangaldas & Co

Committee of creditors: An instrumentality of state

By Shardul S Shroff, Ambarish and Roma Das, Shardul Amarchand Mangaldas & Co

Committee’s Code report reviews effectiveness

By Shardul S Shroff, Ambarish and Roma Das, Shardul Amarchand Mangaldas

Insolvency code amendment carries unintended negative effect – India

By Ambarish and Roma Das, Shardul Amarchand Mangaldas & Co

Cramming down under the Insolvency Code

By Veena Sivaramakrishnan and Dhananjai Charan, Shardul Amarchand Mangaldas & Co

Creditor conundrum persists under the code

By Misha and Siddhant Kant, Shardul Amarchand Mangaldas & Co

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Supreme Court’s Vidarbha ruling undermines India’s insolvency law

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