Category: bankruptcy
High Court order rejecting transfer of pending winding up proceeding to NCLT on the basis of Rule 26 of the Companies (Court) Rules 1959 was flawed – SC ABCAUS Case Law CitationABCAUS 3422 (2020) (11) Important case law relied upon by the parties:Forech India Ltd. vs. Edelweiss Assets …
Record or evidence of default by financial creditor in Insolvency Resolution Process  INSOLVENCY AND BANKRUPTCY BOARD OF INDIA  NOTIFICATION  New Delhi, the 13th November, 2020 Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fifth Amendment) Regulations, 2020. No. IBBI/2020-21/GN/REG066. —In exercise …
Creditor may assign/transfer debt during liquidation process under Bankruptcy. Liquidator may assign/transfer a not readily realisable asset. INSOLVENCY AND BANKRUPTCY BOARD OF INDIA NOTIFICATION New Delhi, the 13th November, 2020 Insolvency and Bankruptcy Board of India (Liquidation Process) (Fourth Amendment) Regulations, 2020. IBBI/2020-21/GN/REG067.—In exercise of the powers conferred …
Supreme Court to decide constitutional validity of provisions of IBC 2016 to the extent they apply to personal guarantors of corporate debtors ABCAUS Case Law CitationABCAUS 3416 (2020) (10) SC The Ministry of Corporate Affirs (MCA) by Notification  dated 15.11.2019 had brought personal guarantors to corporate debtors under …
Govt suspends initiation of corporate insolvency resolution process of corporate debtor for a further period of three months from 25.09.2020 MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 24th September, 2020 S.O. 3265(E).—In exercise of the powers conferred by section 10A of the Insolvency and Bankruptcy Code, 2016 …
Use of Caveats, Limitations and Disclaimers by the Registered Valuers in Valuation Reports – IBBI Guidelines The IBBI has issued Guidelines called the Insolvency and Bankruptcy Board of India (Use of Caveats, Limitations, and Disclaimers in Valuation Reports) Guidelines, 2020. The Guidelines are issued in exercise of the …
Payment received for shares, duly issued cannot be a debt under Insolvency and Bankruptcy Code. Personal loan to Promoter/Director cannot trigger CRIP -SCÂ ABACUS Case Law CitationABCAUS 3375 (2020) (08) SC Important case law relied upon by the parties:Innoventive Industries Ltd. v. ICICI Bank and Anr.B. K. Educational …
IBBI bans Insolvency Professional for three months for appointing unregistered valuer ABACUS Case Law CitationABCAUS 3372 (2020) (08) IBBI In a recent case, Disciplinary Committee of IBBI has banned an Insolvency Professional for a period of three months for appointing unregistered valuer Under regulation 27 of the corporate …
Limitation period for making application for initiation of CIRP is three years from date of default. IBC not a money recovery legislation for creditors – SC ABACUS Case Law CitationABCAUS 3365 (2020) (08) SC Important case law relied upon by the parties:B. K. Educational Services Pvt. Ltd. vs. …
Three Insolvency Professionals offered by interim resolution professional must be from the State/UT which has highest number of creditors. IBBI (Insolvency Resolution Process for Corporate Persons) (4th Amendment) Regulations, 2020. The Insolvency and Bankruptcy Board of India (IBBI) notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution …
