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Tag: IBC

Suspended v superseded boards under the IBC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

Insolvency directors’ duties shift to creditors under IBC section 66

By Hiral Gupta, Bharucha & Partners

Directors’ duties shift to creditors in insolvency: Section 66 liability for fraudulent and wrongful trading risks

Court clarifies IBC priority is revival

Supreme Court recalled liquidation order in Kalyani Transco v Bhushan Power & Steel, reaffirming IBC’s rescue objective

Strengthening the appellate pillar of India’s competition framework

By Toshit Shandilya, Shreya Singh and Nandini Modi, AZB & Partners

India’s competition law appeals face delays as NCLAT handles multiple mandates

Corporate restructuring and money laundering statutes do battle

By Anju Shree Nair, SNG & Partners

Courts weigh IBC insolvency against PMLA attachment in ongoing legal disputes

Glas Trust case: Procedure v settlement in India insolvency

By Siddhant Kant, Moulshree Shukla and , Shardul Amarchand Mangaldas & Co

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

Decree holders ‘not same as financial creditors’

The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors

Avoidance applications in jeopardy?

By Misha, Shardul Amarchand Mangaldas & Co

The conundrum of third-party security holders

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

Keeping the power on during insolvency

By Abhishek Nath Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

India at crossroads with cross-border insolvency

By Shweta Bharti and Sukrit Kapoor, Hammurabi & Solomon

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

A commercial primer on 2019 amendments to IBC

By Shweta Bharti and Katyani Mahendru, Hammurabi & Solomon

SEBI raises questions on IBC’s overriding provisions

By Abhishek Dutta, Manish Parmar and Sayli Petiwale, Aureus Law Partners

Ensuring fair distribution under waterfall mechanism

By Aditya Vikram Dua and Satish Anand Sharma, SNG & Partners

Views on RBI’s new stressed asset resolution framework

By Sawant Singh and Aditya Bhargava, Phoenix Legal

Cross-border insolvency requires a new framework

By Abhishek Dutta and the Knowledge Management Team, Aureus Law Partners

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