Bankruptcy Code – Vinod Kothari Consultants

IBC Second Amendment Bill moved to Lok Sabha

August 13, 2018/0 Comments/in Bankruptcy Code /by Staff Publication

By Megha Mittal (resolution@vinodkothari.com) “With greater flexibility comes greater accountability” Brief Background The much awaited Insolvency and Bankruptcy Code Ordinance was promulgated by the Hon’ble President on 6th June, 2018 and mainly centred on balancing the interests of various stakeholders’ especially home buyers, MSMEs and most importantly promoting resolution over liquidation. However, since the Parliament was […]

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Dictated decision-making: IBBI expects to usher effective decision-making in creditors’ committee meetings

August 11, 2018/0 Comments/in Bankruptcy Code /by Staff Publication

By Vinod Kothari (resolution@vinodkothari.com) The recent IBBI circular[1] dated 10-08-2018 makes an interesting reading. While it is lamenting the fact that the hard timeline-bound regime of the insolvency process will lead to unintended corporate mortality if the bank representatives attending the creditors’ committee (CoC) meetings are not empowered to decide, the amusing undertone is that […]

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LOOK- BACK PERIOD VIS-À-VIS FRAUDULENT TRANSACTIONS

By Richa Saraf (richa@vinodkothari.com) Sections 45, 49, 66, 69 of the Insolvency and Bankruptcy Code, 2016 requires and empowers the Liquidator to apply to the Adjudicating Authority for appropriate orders in case of any vulnerable transactions that the Liquidator comes across during the process of liquidation. Such transactions may either be with respect to breach […]

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Cross-Border Insolvency

July 27, 2018/0 Comments/in insolvency resolution process /by Staff Publication

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Subordination of Operational Creditors under IBC: Whether Equitable?

July 26, 2018/0 Comments/in Bankruptcy Code /by Staff Publication

Vinod Kothari and Sikha Bansal The authors can be reached at resolution@vinodkothari.com Why this Article? Section 53 of the Insolvency and Bankruptcy Code (IBC) puts unsecured financial creditors above the claims of the governments. These unsecured financial creditors may, actually, be even related parties, and therefore, the underlying financial transaction may be in the […]

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Vinod Kumar Kothari

Resolution (Insolvency & Bankruptcy)

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Articles

IBC Second Amendment Bill moved to Lok Sabha

Dictated decision-making: IBBI expects to usher effective decision-making in creditors’ committee meetings

LOOK- BACK PERIOD VIS-À-VIS FRAUDULENT TRANSACTIONS

Cross-Border Insolvency

Subordination of Operational Creditors under IBC: Whether Equitable?