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Tag: corporate insolvency resolution process

IBBI draft to improve personal guarantor insolvency process

The IBBI seeks comments on draft rules to improve the insolvency resolution process for personal gurantors

Protection for Lotus homebuyers over unfair penalties

A Supreme Court of India ruling has protected Lotus project homebuyers in Uttar Pradesh from developers passing on penalties

PMLA free pass dilutes insolvency moratorium

By Ambar Bhushan and Divyam Sharma, Bharucha & Partners

NCLAT limits NCLT oversight as Enforcement Directorate withdraws corporate debtor funds despite IBC moratorium ruling

Parties cannot use parallel proceedings to reopen SLPs, says SC

The Supreme Court of India rules that parallel and independent proceedings cannot be used to reopen a disposed special leave petition

Suspended v superseded boards under the IBC

By Misha and Charu Bansal, Shardul Amarchand Mangaldas & Co

Suspension versus supersession: Supreme Court rulings on board participatory rights in IBC financial service provider CIRP cases

Processing changes on the way for insolvency laws in India

India’s president approves the Insolvency and Bankruptcy Code (Amendment) Act, 2026 set to bring in significant regulatory changes

New RBI directions for novation of OTC derivative contracts

RBI proposes new guidelines for novation of OTC derivative contracts to ensure transparency, consent, and risk transfer

IBBI seeks comments to ensure integrity of CIRP changes

IBBI seeks public input on CIRP changes to boost transparency and eligibility checks

Show all cards at the CIRP table

By Aman Avinav, Phoenix Legal

IBBI mandates full disclosure of avoidance transactions in insolvency cases to ensure transparency and fairness

AZB, SAM and Khaitan act on Vadraj Cements insolvency process

SAM, AZB & Partners, and Khaitan & Co advised on the insolvency of Vadraj Cements

Court rules out prosecution after resolution plan approval

Delhi High Court ruled in BPSL v Union of India (2025) that a corporate debtor cannot be prosecuted for pre-CIRP offences after resolution approval

A legal head for numbers

Ishita Sharan, legal head of NARCL, discusses rising insolvency challenges and the bank’s role in managing stressed assets

Supreme Court clarifies classification of debt

India’s Supreme Court ruled that a debtor’s pledge under a DoH is a financial debt under the IBC

No room for one-off settlements post CIRP

Settlements are a key tool in commercial dispute resolution

IBBI allows interim representative for creditors in CIRP

The IBBI amended the 2016 CIRP regulations to allow for interim representation of creditors until an authorized representative is appointed

Only creditors distribute assets discovered after CIRP

By Sonam Gupta and Divyam Sharma, Bharucha & Partners

Corporate insolvency approvals: Balancing compliance and resolution

By Veena Sivaramakrishnan, Soummo Biswas, Yugal Jain and Aditi Tomar, Shardul Amarchand Mangaldas & Co

IBBI tightens insolvency process on corporates

IBBI introduces amendments to corporate insolvency regulations, impacting the resolution process for entities in India

Shortfall undertaking is financial debt under IBC

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners

No automatic right to wages during insolvency resolution

By Aditya Vikram Dua and Parvathi Menon, SNG & Partners

Partial resolution under CIRP in India is on right track

By Veena Sivaramakrishnan and Apeksha , Shardul Amarchand Mangaldas & Co

SC overreach undermines the purpose of IBC

By Sonam Gupta, Bharucha & Partners

New law on pre-pack resolution plans under IBC

By Manoj Kumar, Hammurabi & Solomon Partners

The conundrum of third-party security holders

By Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

Insolvency code: Judicial trends

By Abhishek Tripathi and Avantika Shukla, Sarthak Advocates & Solicitors

Giving creditors their fair share

By Mahesh Agarwal, Agarwal Law Associates

Charting the way ahead for IBC

By Dhananjay Kumar and Hamraj Singh, Cyril Amarchand Mangaldas

Commercial implications of RBI circular strike-down

By Shweta Bharti, Hammurabi & Solomon

Lenders face a choice between debtor, guarantor

By Ramya Hariharan and Asmita Rakhecha, HSA Advocates

Replacement of resolution professionals in liquidation

By Varsha Banerjee, Dhir & Dhir Associates

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