JSA | Global Insolvency

Exercise of powers by the Supreme Court under Article 142 cannot ignore substantive statutory provisions.

20 November 2023

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India

A preference shareholder is not a financial creditor unless the preference shares become due for redemption

20 November 2023

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India

Supreme Court holds that rent receivables assigned to a lender would not be assets of the borrower and fall outside the scope of the NCLAT’s Order freezing IL&FS’s assets and security

20 November 2023

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India

Due diligence of resolution applicants by resolution professionals: Mere reliance on an affidavit is not enough to check ineligibility under Section 29A of the IBC

03 November 2023

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India

A guarantor can question the valuation of security being enforced by a secured creditor

31 October 2023

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India

NCLAT: Interest accrued during the suspension period under Section 10A not to be excluded while calculating the claim threshold under IBC

16 October 2023

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India

Amendments to the Corporate Insolvency Resolution Process

16 October 2023

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India

A resolution plan cannot negate any third-party security provided by the corporate debtor

16 October 2023

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India

NCLAT: A written financial contract is not mandatory to prove the existence of financial debt under the IBC

16 October 2023

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India

NCLAT: Realization of certain monies after invocation does not change the ‘date of default’ to a subsequent date when the corporate debtor may have defaulted on repayment of the adjusted amount

16 October 2023

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India