The ESL Steel case marks a significant chapter in understanding how GST and insolvency laws intersect, especially regarding transitional credits during CIRP. While the court's adoption of the clean slate theory aims...
Author - Editor IBC Laws
Exploring the current state of undecided claims under the IBC – Aparana Sharan
The UNCITRAL Legislative Guide on Insolvency Law acknowledges the clean slate approach, emphasising the evaluation of successful insolvency resolution in terms of commercial certainty and simplicity. In this context...
Simplifying the off-ramp for entrepreneurs when it is time to close shop: In the light of Sec 271(a) of the Companies Act vs Section 10 of the IBC 2016 – By Adv. K. Senguttuvan, Adv. Sneha Tiwari and Adv. Himani Gill
The manner of recourse chosen is determined by variables such as eligibility, solvency, the company's asset-liability situation, and the level of judicial intervention, which varies depending on the circumstances and...
Life of a Resolution Plan – Formulation to Implementation – By Owais Khan
Life of a Resolution Plan – Formulation to Implementation Owais Khan LL.B- Government Law College, Mumbai Resolution Plan (RP) constitutes a very imperative document for a Corporate Debtor (CD) under the Insolvency and...
Transforming Insolvency: The Promise of Mediation in India’s Bankruptcy Landscape – By Lakshya Sharma
Transforming Insolvency: The Promise of Mediation in India’s Bankruptcy Landscape Lakshya Sharma 4th Year, B.A. LL.B. (Corporate law) at School of Law UPES, Dehradun Introduction Background of Insolvency and...
Arbitrability of Notional Claims: Dilemma for Creditors? – By Vishesh Gupta
According to clean slate theory, once the resolution plan is passed, all the claims against the corporate debtor are extinguished, and the resolution applicant gets a fresh start. The Delhi High Court in IOCL v. Arcelor...
Redevelopment Projects under Moratorium – Refuge for Developers? – By Owais Khan
Redevelopment Projects under Moratorium – Refuge for Developers? Owais Khan LL.B- Government Law College, Mumbai A Moratorium constitutes a very important element within the framework of Corporate Insolvency Resolution...
A Checkmate to the Guarantor’s Gambit? – Divya Sree Kamana
A Checkmate to the Guarantor’s Gambit? Divya Sree Kamana Final Year B.A. LL.B, Damodaram Sanjivayya National Law University Consider a scenario where an individual assumes responsibility for covering a...
Restoring Homebuyer Confidence via Regulation 46-A: A Flawed Truce? – By Yadu Krishna and Anjana O.C.
The IBC is a beneficial legislation that is aimed at putting the company back on its feet rather than being mere recovery legislation for the creditors. Such an effort to recoup the company requires adequately tending...
Insolvency Professional: A SWOT Analysis – By Paridhi Agrawal
The process of resolving the issues faced by JPCL proved to be quite arduous and intricate. The task at hand was to find a solution for a hydro power asset that was only halfway completed, but required a significant...