Insights & Resources

The Supreme Court clarifies financial debt under the IBC, recognising obligations in a Deed of Hypothecation as enforceable guarantees.

Decree Holders' claims under IBC are subject to the resolution plan's finality, ensuring extinguishment of unaddressed pre-approval dues.

The Bombay High Court affirms the IBC’s primacy over SEBI rules, balancing delisting regulations with insolvency resolution objectives.

Personal guarantors can claim creditor rights in CIRP only after discharging liabilities, ensuring fair voting rights for secured creditors.

The NCLAT Chennai upheld the priority of selling a corporate debtor as a going concern, aligning with the IBC's goals of value maximisation.

The NCLAT ruled that assets excluded before CIRP initiation, like cancelled leasehold plots, cannot be included in the corporate resolution

NCLAT confirms in Times Innovative Media case: unsecured financial creditors precede operational creditors in IBC liquidation order.

Exploring key court rulings that shape personal insolvency laws in India, focusing on debtor-creditor dynamics and legal frameworks.

Section 12A under IBC allows businesses to settle insolvency, regain control, and avoid liquidation through creditor-approved resolutions.

NCLAT rules MPVAT tax dues cannot be classified as secured debt in insolvency, reinforcing IBC's creditor hierarchy and priority rules.

Explore the Clean Slate Theory under the IBC, detailing how resolution plans can offer companies a fresh start by extinguishing past claims.

The NCLAT ruling highlights the balance between creditor rights and commercial wisdom in insolvency, raising questions on equity for OCs.

NCLAT clarifies that Section 12A applications are only permissible during CIRP, not post-liquidation.

Explore the complex interactions between IBC and ITA, focusing on corporate renewal and tax compliance in insolvency scenarios.

Calcutta HC rules on PG liabilities, affirming non-exemption in debt shifts, upholding creditor rights under specified conditions.

NCLT Kolkata holds that leasehold rights cannot be extinguished via resolution plans without adhering to due legal process under IBC.

Delhi HC rules: A corporate debtor's assets are shielded from past liabilities once a resolution plan is approved, per s.32A of the IBC.

Supreme Court rules guarantor and debtor liabilities as distinct under IBC, allowing creditors dual recovery paths.

NCLT Kolkata confirms the independence of bank guarantees from insolvency moratoriums, ensuring enforceability during CIRP.

Gujarat HC quashes tax reassessment after case transfer and IBC resolution approval, citing lack of AO jurisdiction.