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Articles

    IRR-IP > Articles
  • Decoding the Major Challenges of the Insolvency and Bankruptcy Code, 2016
  • While the Code aspires to bring in control the financial canvas of the nation, there are multi-dimensional issues that come into play. Here’s a detailed note on the various challenges of the code.

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  • What Is A Valid Resolution Plan under the IBC?
  • It is important to understand through a fine eye to the various elements of the code. Amongst several others – one definitely remains The Resolution Plan.

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  • Challenging Role of an Insolvency Professional under the IBC
  • One of the critical pillars of the Code is the vesting of entire management and operations of the company undergoing insolvency process to an Insolvency Professional (IP) who has to face a challenging role ahead.

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  • Circular on Anomaly Shows Goals of Code Take Priority under the IBC
  • During the CIRP, can the RP make decisions that require shareholder approval?

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  • CoC to Bear Expenses of Insolvency Resolution Professional (IRP) under the IBC
  • Whether the Committee of Creditors is liable to bear the expenses incurred by the Insolvency Resolution Professional or not.

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  • Creating Inroads in the Liquidation Process under the IBC
  • A note on various regulatory and legislative mechanisms activated by the Government of India to combat with heaps of bad debt episodes that occurred in the economy.

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  • Insolvency and Bankruptcy Code: Two Sides of the Same Coin
  • The Insolvency and Bankruptcy Code, 2016 (IBC), is a watershed in the history of India’s banking credit culture. However, it has its own set of hiccups and accolades.

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  • The Jury, Winding Up & the IBC – The New Trio in Play
  • Winding up proceedings were earlier initiated and conducted under the Companies Act, 1956. However, with the coming into force of the Companies Act, 2013, and the Insolvency and Bankruptcy Code, 2016 (IBC), the process underwent a change.

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  • Applicability of Moratorium under the IBC
  • Whether a financial creditor can proceed against the assets of the personal guarantor while the corporate debtor is undergoing corporate insolvency resolution process and moratorium is not yet over.

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  • Personal Guarantee: A loophole finally plugged under the IBC
  • The Insolvency and Bankruptcy Code, 2016, is still embryonic and constantly evolving. At this stage, it is of utmost importance that issues that lack absolute clarity be settled promptly to avoid any obstacles.

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  • Restructuring Scheme Sanctioned Under a Repealed Enactment:
  • Implementation Under the IBC.

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  • Restructuring & Insolvency - The Indian Scenario:
  • ‘Extend AHelping Hand to An Entity in Distress’

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  • Sale as a Going Concern:
  • Alternative in Liquidation under the IBC.

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  • The Insolvency & Bankruptcy Code 2016
  • The Dawn of a New Era.

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