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Experts point out how NCLAT's Aircel judgement could disrupt insolvency resolutions under IBC


Experts point out how NCLAT s Aircel judgement could disrupt insolvency resolutions under IBC
The order is likely to be challenged by Aircel s creditors in the Supreme Court.
Synopsis
In the case involving telco Aircel and the Department of Telecommunications, the NCLAT relied on a clause in the spectrum license agreement between the two parties to rule that government dues need to be paid in full prior to any transfer of the license under the IBC.
The National Company Law Appellate Tribunal (NCLAT) judgement in the spectrum usage case has created a class within a class of creditors that could disrupt insolvency resolution under the Insolvency and Bankruptcy Code (IBC), according to experts. ....

National Company Law Appellate Tribunal , Bankruptcy Code , Insolvency Resolution , தேசிய நிறுவனம் சட்டம் மேல்முறையீடு தீர்ப்பாயம் , திவால்நிலை குறியீடு , தொலை தொடர்பு , நொடித்துப்போனது தீர்மானம் ,

Once Resolution Plan Is Approved, No Creditor Can Recover Unsatisfied Claims : SC Upholds 'Clean Slate Theory'


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Insolvency & Bankruptcy Code, 2016 ( IBC ) is a legislation aimed at timely resolution of an entity ( corporate debtor ) which has defaulted in payment to its creditors (including the statutory authorities). The corporate debtor has to undergo baptism by fire in the form of a Corporate Insolvency Resolution Process ( CIRP ). Once the corporate debtor is admitted into CIRP, it is the duty of the resolution professional to collate all the outstanding claims from all classes of creditors against the corporate debtors. It is only once all such claims have been crystallised, that the IBC allows for interested parties ( resolution applicant ) to submit their respective resolution plans which include the treatment of the aforesaid claims. These plans are then put to vote before the body of financial creditors ( Committee of Creditors / CoC ) who then vote for the most commercially viable resolution plan. The successful resolution plan then carries thro ....

United States , Rajya Sabha , Ghanshyam Mishra , V Satish Gupta , Supreme Court , Honble Supreme Court , Authority Under Section , Union Of India Ors , Adjudicating Authority , Central Government , State Government , Corporate Debtor , Resolution Plan , Hon Ble Supreme , Hon Ble Finance Minister , Essar Steel , Satish Gupta , Swiss Ribbons , Resolution Applicant , Insolvency Resolution , Finance Minister , Clean Slate Theory , Nce Resolution Plan Approved No Creditor Can Initiate Proceedings , ஒன்றுபட்டது மாநிலங்களில் , ராஜ்யா சபா , கன்ஷ்யம் மிஸ்ரா ,

India's Sustained Economic Recovery Will Require Changes to Its Bankruptcy Law - Carnegie India - Carnegie Endowment for International Peace


Summary
One of the key drivers of economic recovery in India will be the efficient movement of capital from inefficient firms to efficient ones. The economic downturn caused by the coronavirus pandemic has been severe, and India’s economy was one of the worst affected in 2020–2021. Though the economy is recovering faster than initial estimates, sustained economic recovery will not take place if stressed businesses cannot restructure their debts properly or if failing firms cannot be resolved efficiently. India’s bankruptcy law is key to solving these challenges.
In 2016 India enacted the Insolvency and Bankruptcy Code, 2016 (IBC), which was a landmark reform to the nation’s financial system and the first comprehensive law to regulate insolvency. ....

United States , France General , United Kingdom , New Delhi , City Of , Lily Vadera , Bhargavi Zaveri , Dan Andrews , Rajeswari Sengupta , Ajay Shah , Pratik Datta , Arpan Chaturvedi , Josh Felman , Arvind Subramanian , Anirudh Burman , Anjali Sharma , Harsh Vardhan , Ruchika Chitravanshi , Sachin Chaturvedi , Jyoti Singh , Bahramn Vakil , Raghavendra Kamath , Rakesh Mohan , Shayan Ghosh , Raghuram Rajan , Rajnish Kumar ,