We at Vinod Kothari & Company, have been witness to the development of the Code right since its embryonic stage. We had opportunity of interacting while the law was being enacted, and consistently thereafter. Since academic writing has been as much a part of our daily agenda as any other engagements, we have been continuously writing and commenting on IBC developments, right from the time of the Interim Report of the Bankruptcy Law Reforms Committee.

With 3 years behind us, it was thought apt to cherry-pick some of our writings on IBC that remain relevant and useful in understanding the law, by way of this book titled “IBC: Ushering in a New Era

For ease of reading, the topics have been categorised into 8 sections, consisting of the following chapters:

or you can download the entire book here

 

 

 

SectionContentsPage No.
ABOUT THIS BOOK2-4
LIST OF ABBREVIATIONS8-9
SECTION IADVENT OF IBC10
Ushering of a New Bankruptcy Code11-18
SICA Bids Adieu19-23
SECTION IISOME BASIC DEFINITIONAL CONCEPTS24-30
Deciphering “Dispute”31-37
The Concept of Related Party38-41
NBFCs and IBC: The Lost Connection42-46
State of Perplexity- Applicability of IBC on NBFCs47-52
SECTION IIICORPORATE INSOLVENCY RESOLUTION PROCESS52-53
Constitutional Powers Immune From Moratorium Under IBC54-61
Role Of Insolvency Professionals In Corporate Insolvency Resolution Process62-72
Resolution Professional vis-a-vis Board of Directors: Governance of Insolvent Companies73-82
Meetings Of Committee Of Creditors Under Insolvency Code83-85
Absenteeism In Voting: An Oxymoron86-90
Dictated Decision-Making91-92
Ineligibility Criteria U/S 29a Of IBC:  A Net Too Wide?93-100
Streamlining Section 29A of IBC101-106
Fairly Confidential or Confidentially Fair107-114
Applicability of Moratorium on Guarantor’s Assests: Through Maze of Rulings115-118
Simultaneous Claim By  A Beneficiary of Guarantee119-122
Financial Exposure of Secured Creditors and The Relevance of Vertical Comparison In Resolution123-125
Subordination of Operational Creditors Under IBC: Whether Equitable126-132
The Curious Case Of Home Buyers: All Is Well?133-136
Amendment In Delisting Regulations:  Axing The Minority Rights137-140
Role Of Adjudicating Authority In Approving/ Rejecting A Resolution Plan141-145
Adjudicatory Time Limit Prescribed By IBC Not Mandatory146-149
Interim Financing Becomes Effective And Attractive150-154
Fraudulent Initiation  of Insolvency Proceedings155-158
Post-Admission Withdrawal  of Insolvency Proceedings159-164
Liquidation Before Resolution?165-169
SECTION IVLIQUIDATION PROCESS170
Schemes of Arrangement In Liquidation:  A New Ray of Hope171-174
Enabling Going Concern Sale In Liquidation175-191
Concerns On Going Concern192-196
Liquidation Sale As Going Concern197-201
Scale-Based Liquidator’s Fee202-207
Relinquishment Of Security By Secured Creditors208-215
To Relinquish Or Not To Relinquish216-220
Moratorium During Liquidation: Scope And Effect221-225
Tax Authorities Left High & Dry In IBC Cases226-227
Proof of Claim In Liquidation:  Whether Dispensable?228-230
Latecomers In Liquidation –  Entitlements And Penalties231-237
Priority of Tax Dues In Liquidation238-241
Inclusion of Assets Taken on Lease In The Liquidation Estate of The Lessee242-248
Can Liquidator’s Outreach Grab  Guarantors Assets249-251
Decisions of Insolvency Professional Scope of Judicial Review252-258
Voluntary Liquidation Regulations-  Last But Not The Least259-267
SECTION VPREFERENTIAL, WRONGFUL & FRAUDULENT TRANSACTIONS268-270
Discerning The Reach Of Avoidance Proceedings271-274
A Note on  Fraudulent Trading and Wrongful Trading275-287
Look- Back Period vis-a-vis Fraudulent Transactions288-290
SECTION VINON-CORPORATE INSOLVENCY291-296
SECTION VIIMAJOR JUDICIAL DEVELOPMENTS297-298
Constitutional Validity Of  Insolvency And Bankruptcy Code298-300
Swiss Ribbons Sc Ruling:  IBC Must Stay On, The Defaulters Paradise Is Lost!301-303
Applicability of Limitation Act To Insolvency And Bankruptcy Code304-308
RBI’s 12th February Circular:  The Last Word Becomes The Lost World309-314
Plight of A Power Of Attorney Holder  vis-a-vis Insolvency Proceeding315-319
SECTION VIIIGROUP INSOLVENCY320
Entity vs. Enterprise321-337
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