User: whoisoncaveat Topic: Insolvency Blog
Category: Insolvency Blog
Last updated: Jan 17 2020 17:28 IST RSS 2.0
 
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India: Recent Key Developments Under The Insolvency And Bankruptcy Code - AZB & Partners 17.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy from India
In the past few months, the Central Government and the Insolvency and Bankruptcy Board of India (‘IBBI') have introduced several changes to the Insolvency and Bankruptcy Code
India: ‘Fraud Allegations' Within The Jurisdiction Of NCLT; Public Law Beyond Its Realm, Rules Supreme Court! - King, Stubb & Kasiva 17.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy from India
Aggrieved and dissatisfied by the aforesaid orders of NCLT, Chennai, the Government of Karnataka invoked writ jurisdiction of the High Court of Karnataka.
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India: Intervention Of High Courts In Proceedings Under The Insolvency And Bankruptcy Code, 2016 - The Law Office of Jyoti B Singh 17.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
Before the enactment of Insolvency and Bankruptcy Code, 2016 (Act No. 31 of 2016), there was no single comprehensive law in India dealing with the insolvency and bankruptcy of companies, individual and partnership firms.
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India: Pendulum Of Limitation Act: Initiation Of Insolvency Proceedings Under The Insolvency And Bankruptcy Code, 2016 - The Law Office of Jyoti B Singh 17.1.2020 Mondaq.Com - feed of articles on Corporate/Commercial Law from India
Applicability of provisions of Limitation Act, 1963 to the applications filed for initiation of corporate insolvency resolution process under Part II of the Insolvency & Bankruptcy Code, 2016 has been a controversial issue
India: T.R. Ravichandran, RP vs. The Asst. Commissioner (ST) Kilpauk Assessment Circle & 12 Ors.* - DSK Legal 16.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy from India
The NCLT held that a corporate debtor can access its GST Portal Account for filing GST Returns generated after the commencement of the corporate insolvency resolution process
India: Karvy Clients Challenge IBC Amendment On Individual Creditors - Economic Laws Practice 16.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy from India
Karvy Clients Challenge IBC Amendment On Individual Creditors.
Liability of Personal Guarantors vis a vis their Rights under the IBC: A Legal Conundrum 16.1.2020 Insolvency – IndiaCorpLaw

[Pinak Parikh is an Associate at Singhi & Co, Ahmedabad, and is a B.A L.L.B (Corp Hons) graduate (2019) from the Institute of Law, Nirma University] In December 2019, ArcelorMittal India Private Limited (“AMIPL”) paid over Rs. 42,000 crores to the State Bank of India to complete the acquisition of Essar Steel India Private Limited […]

The post Liability of Personal Guarantors vis a vis their Rights under the IBC: A Legal Conundrum appeared first on IndiaCorpLaw.

India: Undertaking Due Diligence And Its Challenges – A Perspective In The ‘IBC' Regime - King, Stubb & Kasiva 16.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
It has been more than three years since the enactment of the Insolvency and Bankruptcy Code, 2016, which has generated a positive impact on the distressed M&A space where many sensed an opportunity to acquire assets.
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India: Key Highlights Of Insolvency And Bankruptcy (Second Amendment) Bill, 2019 - S.S. Rana & Co. Advocates 14.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy from India
The amendment aims at streamlining issues of troubled companies, protect corporate debtors and prevent unnecessary revocation of insolvency proceedings under the IBC.
India: MCA Has Introduced The Insolvency And Bankruptcy Code (Amendment) Ordinance, 2019 To Further Amend The Insolvency And Bankruptcy Code, 2016 - Lex Favios 14.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy from India
The Amendment will remove certain ambiguities in the Insolvency and Bankruptcy Code, 2016 and ensure smooth implementation of the Code.
India: A Storm Is Brewing: The Insolvency Of Personal Guarantors - IndusLaw 14.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
Since inception, the Insolvency and Bankruptcy Code, 2016 (the "Code") has faced a barrage of amendments and course correction from both the Judiciary as well as the Legislature.
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Entities Too Big to Fail: Tweaking the Trigger to Get Financial Service Provider into the Game 11.1.2020 irccl
[Sumit Kumar Gupta is a student at West Bengal National University of Juridical Sciences, Kolkata.]In what appears to be a routine judgment, the National Company Law Tribunal (NCLT) may have triggered a chain reaction engulfing the entire industry of financial service providers (FSPs) under the ambit of Insolvency and Bankruptcy Code 2016 (IBC). The judgment being referred to is Apeejay Trust v. Aviva Life Insurance Company India Limited, where the NCLT took an erroneous view by initiating the
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The Supreme Court Ruling in Pioneer: The Curious Case of Allottees under the IBC 11.1.2020 Insolvency – IndiaCorpLaw

[Saurabh Gupta is a third year student at the National Law School of India University. He is an Editor of the Indian Journal of International Economic Law and Law School Policy Review] The Supreme Court in Pioneer Urban Land and Infrastructure v Union of India [2019 SCC OnLine SC 1005] (“Pioneer”) upheld the constitutional validity of […]

The post The Supreme Court Ruling in Pioneer: The Curious Case of Allottees under the IBC appeared first on IndiaCorpLaw.

India: Supreme Court Of India Ruling In M/s. Embassy Property Developments Pvt. Ltd. Vis-à-Vis Insolvency And Bankruptcy Code (Amendment) Ordinance, 2019 - The Law Office of Jyoti B Singh 10.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
On the second issue, the Supreme Court held that NCLT and NCLAT have the jurisdiction to enquire into questions of fraud in light of Sections 65 and 69 of IBC.
India: Insolvency And Bankruptcy (Insolvency And Liquidation Proceedings Of Financial Service Providers And Application To Adjudicating Authority) Rules 2019: The Ball Is In The "Regulator's" Court - Tuli & Co 10.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
§7, §9 and §10 of the Insolvency and Bankruptcy Code 2016 (‘Code') stipulates the mechanism for initiation of corporate insolvency resolution process (‘CIRP') against ‘Corporate Debtors'.
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India: Key Highlights Of Insolvency And Bankruptcy Code (Amendment) Ordinance, 2019 - The Law Office of Jyoti B Singh 9.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 ("Ordinance") was promulgated on December 28, 2019 to amend the Insolvency and Bankruptcy Code, 2016 ("Code").
India: Financial Service Providers Like NBFCs Are Exempt From Insolvency Proceedings Under The Insolvency And Bankruptcy Code, 2016 - India Law Alliance 8.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
In an important decision, the principal bench of National Company Law Tribunal at New Delhi has held that financial service providers like NBFCs are exempt from insolvency proceedings under the Insolvency and Bankruptcy Code 2016.
India: Jaiprakash Associates & Anr. v. IDBI Bank Ltd. & Anr.* - DSK Legal 8.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
The Hon'ble Supreme Court looked into two major issues under the IBC regime: (i) whether the NCLT and the NCLAT had the power to exclude any period from the statutory period in exercise of their inherent powers,
India: Committee Of Creditors, Essar Steel India Limited, Through Authorised Signatory v. Satish Kumar Gupta & Ors.* - DSK Legal 8.1.2020 Mondaq.Com - feed of articles on Insolvency/Bankruptcy/Re-structuring from India
The Hon'ble Supreme Court vide its judgment dated November 15, 2019 has cleared the way for Arcelor Mittal's takeover of Essar Steel India Limited.
India: SC Upholds Constitutional Validity Of IBC; Says Operational Creditors Not Being Discriminated Against Under Article 14 - India Law Alliance 8.1.2020 Mondaq.Com - feed of articles on Arbitration & Dispute Resolution from India
The Supreme Court has upheld the constitutional validity of the Insolvency and Bankruptcy Code after hearing a batch of petitions filed by some 40 companies alleging discrimination against operational creditors under the Code.
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