Supreme Court suspends liquidation of Siva Industries after promoters appeal
The Supreme Court (SC) stayed an order from the National Company Law Appellate Tribunal (NCLAT)…
Browsing: debtor company
Jersey insolvency: a fresh start for creditors – Insolvency/Bankruptcy/Restructuring
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How to avoid business insolvency in 2022
Shackles preventing stakeholders from lobbying companies will soon be resolved as petition protections and rental…
Withdrawing the CIRP can save the debtor company
JThe purpose of the Insolvency and Bankruptcy Code, 2016 (IBC) is to maximize the value…
Can I trigger an unfair preference claim? – Insolvency/Bankruptcy/Restructuring
Australia: Can I trigger an unfair preference claim? February 23, 2022 Cathro…
The insolvency of the personal guarantor is independent of the insolvency resolution process of the debtor company
Facts The State Bank of India Stressed Asset Management Branch (SBI) has filed a petition…
If the exclusion of time from the CIRP helps the debtor company to restart its operations, such an exclusion must be authorized: NCLAT
The NCLAT Single Bench consisting of Judge M. Venugopal, Judicial Member in the case of…
During moratorium, cannot sue against ‘corporate debtor’: High Court of Punjab and Haryana : The Tribune India
Tribune press service Saurabh MalikChandigarh, February 16The Punjab and Haryana High Court has…
Adjudication of Third Party “Claims” by NCLT – Insolvency/Bankruptcy/Restructuring
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IBC – Operational debt includes advance payment made to a debtor company for the provision of goods or services: Supreme Court
The Supreme Court observed that the operational creditor includes all those who provide or receive…
Speedy Liquidation Should Be Preferred Over Unproductive, Lengthy Resolution Proceedings, Says NCLAT
The National Company Law Appeals Tribunal (NCLAT) has upheld a winding-up order for debt-ridden Siva…
Reform of Spanish insolvency law
At the end of 2021, the Spanish government approved a draft reform of Spanish insolvency…
Liability of the personal guarantor of the debtor company vis-à-vis the insolvency and bankruptcy code
In accordance with article 128 of theIndian Contracts Act, 1872, the liability of a guarantor…
NCLT authorizes liquidation of Nitin Fire Protection
The dedicated bankruptcy court has ordered the liquidation of BSE-listed Protection Industries, a major player…
An asset may be kept out of liquidation if said asset is pending in the High Court: NCLAT
NCLAT in a bench consisting of Judge Jarat Kumar Jain (judicial member) and Dr Ashok…
IBC | Statutory authority cannot raise new claim against debtor company after approval of resolution plan: Bombay High Court
The Bombay High Court has ruled that no statutory authority, including income tax authorities, can…
Interaction between the IBC and the Admiralty
In a landmark judgment, the Bombay High Court ruled that a shipping company that goes…
NCLAT Cancels Twin Star Plan and Allows New Round of Bidding
The National Company Law Appeals Tribunal on Wednesday cleared the creditors committee of Videocon Industries…
Bombay HC cancels the SNA to the debtor company, to submit a report for the evaluation year preceding the approval of the resolution plan under the IBC
Through Mariya Paliwala – December 28, 2021 11:27 a.m. The Bombay High Court rescinded the…
Restructuring and insolvency of struggling businesses in Japan during COVID-19
Introduction Since the start of the COVID-19 pandemic, as in many other countries around the…
The ambiguity over the jurisdiction of NCLT and DRT under IBC – Insolvency / Bankruptcy / Restructuring
To print this article, simply register or connect to Mondaq.com. The problem of non-performing assets…
Monthly Update on Restructuring and Insolvency | December 2021 – Insolvency / Bankruptcy / Restructuring
India: Monthly Update on Restructuring and Insolvency | december 2021 23 December 2021 HSA lawyers…
Power under PMLA to seize assets ceases once liquidation under IBC begins: Delhi HC
The power to seize assets under the Money Laundering Prevention Act will end once the…
PMLA Authority Jurisdiction Ceases Against Debtor Company Properties Once Liquidation Is Approved: Delhi High Court
Through Mariya Paliwala – December 20, 2021 11:54 a.m. The Delhi High Court has ruled…
Delhi HC Ends ED Coercive Action Against IBC Liquidation Firms
In a detailed decision on the interaction between IBC and PMLA, the court authorized a…
Applicability of Insolvency Laws to Personal Guarantors
INTRODUCTION Apex Court on May 21, 2021 at Lalit Kumar Jain V. Union of India…
Limitation of the powers of the National Company Law Court – Insolvency and Bankruptcy Code, 2016
introduction National Tribunal for Company Law (“NCLT”) was introduced in the Companies Act 1956 in…
At a glance: the liquidation and reorganization processes in the British Virgin Islands
Types of liquidation and reorganization processesVoluntary liquidationsWhat are the conditions for a debtor to initiate…
In short: the liquidation and reorganization processes in Luxembourg
Types of liquidation and reorganization processesVoluntary liquidationsWhat are the conditions for a debtor to initiate…
The personal assets of guarantors cannot be transferred during the CIRP of a debtor company without initiating a separate procedure – NCLAT – Finance and Banking
India: Personal property of guarantors cannot be transferred during the CIRP of a debtor company…
When Zero Hour Strikes: The Insolvency and Bankruptcy Code as an Exit Mechanism – Insolvency / Bankruptcy / Restructuring
The Insolvency and Bankruptcy Code of 2016 (“Codeâ€) brought about a magnanimous change in the…
NCLT cannot give a debtor business time to repay its debt once it is satisfied that the default has occurred and the debt is owed – NCLAT – Corporate / Commercial Law
India: NCLT cannot give a debtor business time to repay its debt once it is…
Creditors Committee Says Maximizing Debtor’s Asset Value Is Supreme
The commercial wisdom of the Creditors Committee under the Insolvency and Bankruptcy Code enjoys full…
NCLT orders liquidation of Nakshatra Brands, owned by Mehul Choksi
A Mumbai court has ordered the liquidation of Nakshatra Brands, owned by fugitive diamond trader…
A director cannot recreate history – Re Bronia Buchanan Associates Ltd (in liquidation)
introduction In Re Bronia, ICC Judge Burton had to consider whether a director could retrospectively…
Note on changes to the CIRP and the liquidation process
The Insolvency and Bankruptcy Board of India (IBBI) published working papers soliciting comments on issues…
Legalpay funds Bengaluru-based hospital as part of corporate insolvency process
The main objective of granting interim financing is to keep companies in insolvency under the…
Can a medical consultant be discriminated against against a doctor employed in the insolvency process of a hospital? SC to examine
The Supreme Court has issued an opinion on a petition that raises the question of…
Phasing out of temporary insolvency protection
Sponsored article | Sean Fitzgerald, Woodfines Lawyers Sean Fitzgerald, Woodfines attorneys (52303136)Since June 2020, companies…
Srei group enters moratorium as NCLT admits insolvency pleas
Almost a week after the Reserve Bank of India (RBI) replaced the boards of directors…
NCLT admits insolvency pleas against 2 companies of the Srei group and appoints a director
The NCLT on Friday admitted insolvency claims brought by banking regulator RBI against two companies…
IBC: beyond traditional liquidation – L’Express Financier
According to the latest IBBI newsletter, six large companies were sold as a going concern…
#Brew Insolvency: Where Now for Hybrid Claims? (Video) – Insolvency / Bankruptcy / Restructuring
UK: #Brew Insolvency: Where Now for Hybrid Claims? (Video) 05 October 2021 Sentry rooms To…
Liquidation: All public auction notices will be published on the IBBI online platform from October 1
Insolvency regulator IBBI has now made it mandatory to publish all public auction notices for…
Insolvency of Videocon: Twin Star Tech opposes a new offer
In its resolution plan, Twin Star offered to pay Rs 2,962.02 crore on the admitted…
The moratorium under the IBC only applies to debtor companies and not to promoters: SC
The Supreme Court ruled that the moratorium under the provisions of the Insolvency and Bankruptcy…
Welcome to IANS Live – TopStory
Photo credit: IANS IANSLive New Delhi, Sept. 16 (IANS) The Supreme Court ruled on Thursday…
Object of the IBC to revive the debtor company, final liquidation: SC
The Supreme Court said on Wednesday that the main purpose of the Insolvency and Bankruptcy…
Liquidation as a Going Business is an Effort to Maximize Value and Save Businesses in Insolvency | MAINTENANCE
Nitin Jain is the official liquidator of the PSL Group – recently wound up as…
Personal property of guarantors cannot be transferred during the debtor company’s CIRP: NCLAT
The National Company Law Appeals Tribunal ruled that the personal assets of the guarantors could…
Liquidation as “going concern” gains ground
The liquidation of the business as a “going concern”, instead of liquidating it and selling…
Siva Industries promoter appeals liquidation
Series C entrepreneur Sivasankaran, promoter of Siva Industries, filed an appeal with the National Company…
IBBI offers strict rules for a more transparent liquidation process
In order to bring more transparency to the liquidation process, the Insolvency and Bankruptcy Board…
Lenders are free to invoke the personal guarantees of a debtor company under the Insolvency and Bankruptcy Code, 2016 – Insolvency / Bankruptcy / Restructuring
India: Lenders are free to invoke the personal guarantees of a debtor company under the…
Will the claim of the awardee be extinguished upon approval of the award debtor’s resolution plan under the IBC? Yes, rule the High Court of Calcutta
The Calcutta High Court on Friday settled an important arbitration law issue, to know, whether…
The NCLT can settle disputes relating to the insolvency of a debtor company
The Supreme Court ruled on Monday that the National Company Law Tribunal (NCLT) had jurisdiction…
Collusive business dealings with debtor company will not constitute “financial debt” according to IBC: Supreme Court
The Supreme Court ruled that collusive or simulated transactions with a debtor company will not…
Supreme Court upholds changes to IBC to sue debtor companies
In an important verdict, the Supreme Court on Tuesday upheld changes made by Parliament to…
Can counterclaims filed against the debtor company be stayed in accordance with the provisions of the IBC during the moratorium
Whether a counterclaim filed against a debtor company is likely to be stayed during the…