Supreme Court clarifies the scope and ambit of Interim Moratorium in Personal Insolvency Proceedings

Introduction

Filed under:
India, Insolvency & Restructuring, Litigation, Khaitan & Co, State Bank of India, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Financial services banks, Financial services corporate
Authors:
Kumar Saurabh Singh , Rahul Chakraborti , Ashwij Ramaiah
Location:
India
Firm:
Khaitan & Co
Interim moratorium under the Insolvency and Bankruptcy Code 2016 will impact the pending proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 despite secured lender having possession of the asset

On July 2, 2024, the Hon’ble Delhi High Court (“Delhi HC”), in the case of Sanjay Dhingra vs.

Filed under:
India, Insolvency & Restructuring, Litigation, JSA, Delhi High Court, National Company Law Tribunal, Financial services banks, Financial services corporate
Authors:
Varghese Thomas , Ahsan Allana , Shaan Bhatt
Location:
India
Firm:
JSA
SCOTUS term in review

Weil's Appellate & Strategic Counseling group welcomes you to Weil's SCOTUS Term Review. Here, we summarize and analyze the cases from the 2023 Supreme Court Term that are most germane to our clients' businesses.

Filed under:
USA, Arbitration & ADR, Capital Markets, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP, US Securities and Exchange Commission, US Food and Drug Administration, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), False Claims Act 1863 (USA), Americans with Disabilities Act 1990 (USA), Administrative Procedure Act, Federal Arbitration Act 1926 (USA), Supreme Court of the United States, Financial services banks, Financial services corporate, Hardware, devices & electronic equipment, Media, Software & SAAS, Technology
Location:
USA
Firm:
Weil Gotshal & Manges LLP
Corporate Insights: Ten Reasons to Expect an Increase in Financial Restructurings in 2025

1. Commercial Chapter 11 Bankruptcy Filings Have Increased Significantly Year-Over-Year: There has been a significant increase in the number of commercial Chapter 11 cases (larger company filings) in 2024. By way of example, there were 1,894 commercial Chapter 11 filings (including subchapter V filings) during the first quarter of 2024, up 43% from the 1,325 total commercial chapter 11 filings during the first calendar quarter of 2023 according to data provided by Epiq Bankruptcy, the leading provider of U.S. bankruptcy filing data.

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Bowditch & Dewey LLP, Financial services banks
Authors:
Mark W. Powers , Aastha Sharma
Location:
USA
Firm:
Bowditch & Dewey LLP
Corporate insolvency resolution process can be initiated separately and simultaneously against a corporate debtor and a corporate guarantor for the same debt and same default

In the case of BRS Ventures Investments Ltd. vs. SREI Infrastructure Finance Ltd. & Anr. the Hon’ble Supreme Court of India (“Supreme Court”) held that simultaneous insolvency proceedings against a borrower and a corporate guarantor can be initiated for the same debt and default; and that assets of a subsidiary do not form part of the corporate insolvency resolution process (“CIRP”) of its holding company.

Brief Facts

Filed under:
India, Insolvency & Restructuring, Litigation, JSA, Bank of India, State Bank of India, Insolvency and Bankruptcy Code (India), Supreme Court of India, Financial services banks, Financial services corporate
Authors:
Divyanshu Pandey , Shrijita Bhattacharya , Aaditya Shukla
Location:
India
Firm:
JSA