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Tag: Insolvency and Bankruptcy Code

Secured creditors not always financial creditors

By Karthik Somasundram, Sneha Jaisingh and Alabh Lal, Bharucha & Partners

Troubled MSMEs thrown a lifeline with pre-pack resolutions

By Satish Anand Sharma and Anshita Gupta, SNG & Partners 

Guarantees will ensure better payment of debts for now

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners

IBC decides the fate of PPAs in insolvency

By Abhirup Dasgupta and Bhawana Sharma, HSA Advocates

The conundrum of third-party security holders

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

Driver’s seat

The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed

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

Assigning NRRAs and claims during liquidation

By Satish Anand Sharma and Aniket Sawant, SNG & Partners

Guarantors may be vulnerable to pandemic default risks

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan

Disputed claims are not defaults under IBC

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan

Budget gives foreign direct investment its rightful place

By Navin Syiem and Nitin Gera, L&L Partners

At a crossroads

Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds

Jaypee judgment creates a conundrum for lenders

By Soumyajit Mitra and Mohit Yadav, SNG & Partners

Regulation of gig workers: A step forward?

By Junaira Rahman and Nikita Tanwar, Samvad Partners.

PMLA v IBC: The battle for primacy

By Misha and Siddhant Kant, Shardul Amarchand Mangaldas & Co

NBFCs brought under purview of insolvency code

By Anisha Shroff and Sharanya Kundu, Samvad Partners

A regional comparison of energy regulations in India

By Piyush Joshi, RV Anuradha and Sumiti Yadava, Clarus Law Associates

Pecking order

This article explores the tensions that arise between the powers of the court in policing the implementation and proper interpretation of the Insolvency and Bankruptcy Code 2016 (code), the limits on the rights of the corporate debtor during the insolvency process, and the powers of the insolvency resolution professional (IRP) in these circumstances

Essar Steel judgment – paving a way to resolution

By Misha, Shardul Amarchand Mangaldas & Co

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates

Relative priority rule in Indian insolvency law

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

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

State of play

Indian law firms face a daunting pace attack from big accountancy firms amid a slow-wicket economy. On top of this, in-house counsel are facing up to more work internally, leaving less for law firms.

A commercial primer on 2019 amendments to IBC

By Shweta Bharti and Katyani Mahendru, Hammurabi & Solomon

Rebuilding trust

Interview with MahaRERA chief Gautam Chatterjee

Watch your step

Steering clear of conflicts of interest in private equity

IBC amendment moves towards recognizing APR

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

Creditors browbeat debtors with bankruptcy threat

By Supriya Majumdar, Vidhii Partners

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

Wish list

What lawyers want from the new government

Decoding value maximization under the code’s mandate

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

Insolvency code: Judicial trends

By Abhishek Tripathi and Avantika Shukla, Sarthak Advocates & Solicitors

Investing through insolvency code

By Sanjay Asher and Nikhil Kaul, Crawford Bayley & Co.

Building trust

RERA has introduced accountability to the real estate sector but loopholes remain

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

Courts play prudent role in IBC’s logical evolution

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

SC weighs in on interplay of labour laws and IBC

By Abhishek Dutta and Vineet Shrivastava, Aureus Law Partners

Grounded

Why did Jet Airways' creditors stall on initiating bankruptcy proceedings?

Parliament in numbers

A look back at the Lok Sabha's performance in the past five years compared with the two previous terms

A question of balance, via the code or otherwise

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

Risks in acquiring distressed infrastructure assets

By Rupinder Malik, Sidharrth Shankar and Srishti Moitra, J. Sagar Associates

NCLAT says statutory dues also operational debt

By Abhishek Dutta and Sayli Petiwale, Aureus Law Partners

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

Supreme Court upholds constitutional validity of IBC

By Abhishek Dutta, Vineet Shrivastava and Manish Parmar, Aureus Law Partners

Reaching for the stars

Deals of the Year 2018

Top 50 deals and dispute resolution cases in 2018

In sickness & health

ACC's Rajiv Choubey writes on how IBC ties the fate of companies and stakeholders

Rescue financing: Helping hand for entities in distress

By Avinash Kumar Khard, HSA Advocates

Time-barred debts and the insolvency code

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Existence of dispute under insolvency code

By Abhishek Dutta, Vineet V Shrivastava and Manish Parmar, Aureus Law Partners

Revisiting loan documents in light of insolvency code

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners

Developing resolution plan for financial, operational creditors

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

Sigh of relief for bankers on international insolvencies

By Soumyajit Mitra, SNG & Partners

Cross-border insolvency report: A bird’s eye view

By Abhishek Dutta and Astha Srivastava, Aureus Law Partners

IBC amendment gives voice to beleaguered homebuyers

By Pranav Shroff, Vidhii Partners

Supreme Court says arbitral award not operational debt

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Parliament: the monsoon session

New legislation from parliament’s monsoon session

The state of India’s legal market

An assessment of the prevailing trends in the legal profession

Focus on amendments to India’s insolvency law

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

Court’s role in insolvency cases

Subodh Sadana and Bhuvan Arora analyse judicial intervention in insolvency resolution

Framework harmonized for resolution of stressed assets

By Sawant Singh and Aditya Bhargava, Phoenix Legal

Personal guarantee: A loophole finally plugged

By Sachin Gupta and Pragya Khaitan, Dhir & Dhir Associates

Analyzing the code

How does India's Insolvency and Bankruptcy Code stand up to critical analysis after a year in effect?

Insolvency code amendment carries unintended negative effect – India

By Ambarish and Roma Das, Shardul Amarchand Mangaldas & Co

Discordant voices

Dissenting judges put the spotlight on the less-than-transparent conventions of the courts

Circular on anomaly shows goals of code take priority

By Sachin Gupta, Dhir & Dhir Associates

Business in India and insolvency laws

By Manoj Kumar and Shweta Bharti, Hammurabi & Solomon

Does moratorium apply to action for bounced cheque?

By Alok Dhir, Dhir & Dhir Associates

India: Open for business?

An assessment of the prevailing sentiments among the legal community about the regulatory environment

On the cards

Rudra Kumar Pandey and Bani Brar forecast emerging regulatory trends and opportunities for in-house counsel to be business leaders

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