IBBI Issues Circular on Due Diligence Regarding Misuse of IBC Framework
The Insolvency and Bankruptcy Board of India (“IBBI”) has issued Circular No. IBBI/CIRP/105/20261 dated September
When Does a Contractual Claim Become Operational Debt Under IBC Section 9?
A commercial contract can generate several monetary claims at once. An unpaid invoice may sit
NCLT Review After Supreme Court Remand: Limits Under Sections 30(2) and 31 IBC
Can a resolution plan, once set aside by the Supreme Court for statutory defects, return
When the Moratorium Falls Away: Section 96(4) and Pending Section 95 Applications
Until recently, the filing of an insolvency application against a personal guarantor to a corporate
Can a resolution plan proceed to CoC voting when a substantial creditor’s claim remains disputed on limitation? NCLAT in ARC(I)L v. Umesh Garg
Can a resolution plan proceed to Committee of Creditors (CoC) voting when a substantial creditor’s
Can the NCLT Disregard the CoC’s Recommendation While Appointing a Liquidator? NCLAT in Rajesh Mehru v. Punjab National Bank
Can an Adjudicating Authority appoint a liquidator independently without considering the unanimous recommendation of the
Extinguishment of Sub-Judice Operational Creditor Claims After Resolution Plan Approval: Tata Steel v. Varsha
One of the recurring questions under the Insolvency and Bankruptcy Code, 2016 (IBC) concerns the
Can Landowners Withdraw Land from an Integrated Project During CIRP? NCLAT in Brajesh Kumar Tripathi v. Hasti Mal Kachhara
Can landowners exclude their land from the Corporate Debtor’s insolvency process and the approved resolution