Five years of IBC, Adherence to Timeline for Completion of CIRP could be a concern
The Insolvency and Bankruptcy Code (IBC) was completed five years after it was passed by Parliament. It was a law envisaged giving a quicker, time-bound alternative for the recovery of bad loans for banks. The
Centre extends suspension of IBC till March 2021
The Finance Minister, Nirmala Sitharaman announced the extension of the suspension of the  Insolvency and Bankruptcy Code (IBC) till March 31, 2021. The government took this step in order to help businesses cope with major
Success Fees is more of Contingency and Speculative Nature, is not a part of Provisions of the IBC: NCLAT [Read Order]
The Delhi Bench of National Company Law Appellate Tribunal (NCLAT) held that success fees are more of contingency and speculative Nature, and are not a part of the provisions of the Insolvency and Bankruptcy Code(IBC).
Section 9 application under IBC can be rejected when there is pre-existing dispute: NCLAT [Read Order]
The Principal Bench of the National Company Law Appellate Tribunal ( NCLAT ), New Delhi held that Section 9 application under Insolvency and Bankruptcy Code ( IBC ) can be rejected when there is pre-existing
Finance Standing Committee suggests Review on Design of IBC
The Standing Committee on Finance has called for a review of the design of the Insolvency and Bankruptcy Code ( IBC ), which was enacted in May 2016. The Parliamentary Panel said in an action
Applicability of Notification on increased IBC threshold cannot be determined by NCLT Registrar: Delhi High Court [Read Order]
The Delhi High Court has ruled that the issue of applicability of the notification increasing the pecuniary threshold under the Insolvency & Bankruptcy Code (IBC) to Rs 1 crore, does not fall under the administrative
CBIC clarifies on issues under GST Law for Companies under IBC [Read Circular]
The Central Board of Indirect Taxes and Customs ( CBIC ) has issued clarifications in respect of issues under GST law for companies under the Insolvency and Bankruptcy Code, 2016 (IBC) in connection with the
Analysis of Insolvency and Bankruptcy Code (IBC) in Reducing Professional Misconduct
The concept of insolvency is extremely fertile in a market economy. The insolvency regime in India was started with the enactment of the Insolvency and Bankruptcy Code, 2016(Code). A key pillar of the insolvency ecosystem
IBBI issues Clarification on requirement of seeking No Objection Certificate or No Dues Certificate from Income Tax Dept. during Voluntary Liquidation Process under IBC [Read Circular]
The Insolvency and Bankruptcy Board of India (IBBI) issued the clarification on the requirement of seeking a No Objection Certificate or No Dues Certificate from the Income Tax Department during the Voluntary Liquidation Process under
Suspension of CIRP u/s 10A of IBC applies to Due Defaulted on 31/3/2020: NCLAT allows Appeal [Read Order]
The Chennai bench of the National Company Law Appellate Tribunal( NCLAT ) held that the Suspension of Corporate Insolvency Resolution Process (CIRP) under section 10A of The Insolvency And Bankruptcy Code, 2016 (IBC) applies to
High Courts to refrain from interfering with Corporate Insolvency Resolution Process as IBC is self-contained Code: Kerala HC [Read Judgment]
The Kerala High Court ruled that the High Courts should refrain from interfering with Corporate Insolvency Resolution Process as Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) is a self-contained Code. The petitioners, who are
IBBI Directs RP to Provide Copy of Report Prepared u/s 99 of IBC to Creditors & Debtor
The Insolvency and Bankruptcy Board of India ( IBBI ) directed the Resolution Professional (RP) to provide copy of report prepared under Section 99 of the Insolvency and Bankruptcy Code, 2016 ( IBC ) to
NCLAT not Empowered to condone delay exceeding 15 days from Period of 30 days under the provision of IBC: Supreme Court [Read Judgment]
The Supreme Court held that the National Company Law Appellate Tribunals (NCLAT) are not empowered to condone delay exceeding 15 days from the period of 30 days under the provision of the Insolvency and Bankruptcy
Treating all Resolutions as Approved, in Absence of Confirmation by Member of CoC is Against Spirit of IBC: IBBI Suspends Registration of IP [Read Order]
The Insolvency and Bankruptcy Board of India (IBBI) suspended the Registration of an Insolvency Professional (IP), Anand Chandra Swain and noted that treating all resolutions as approved, in absence of confirmation by member of Committee
IBBI issues Guidelines for Appointment of Insolvency Professionals as Administrators under SEBI [Read Guidelines]
The Insolvency and Bankruptcy Board of India ( IBBI ) has issued guidelines to be followed while appointing Insolvency Professionals as Administrators under the Securities Exchange Board of India (SEBI). The IBBI and the SEBI