The journey of a pre-pack insolvency starts with an informal understanding, engages stakeholders, and ends with a judicial blessing of the outcome The pre pack insolvency scheme, touted as the next stage in the evolution of the Insolvency and Bankruptcy Code (IBC) 2016, will attempt a balancing act, as lawmakers put together an informal arrangement […]
In a move that will safeguard real estate companies from frivolous litigation, the Supreme Court (SC) has upheld the constitutional validity of the Insolvency and Bankruptcy Code (IBC) amendment that requires at least 100 allottees, or 10 per cent of creditors, to invoke an insolvency petition against a company. A Bench of Justices R F […]
Doctrine of subrogation is an absolute right of Guarantor, however, the issue becomes different, if it falls within the domain of IBC | A Resolution Plan itself can vary and modify the rights of Creditors and Guarantors and provide for continuation of Personal Guarantees which do not need any confirmation from Personal Guarantor- NCLAT In […]
