Introduction One of the most consequential and jurisprudentially contentious questions in Indian insolvency law concerns the treatment of government dues, primarily tax claims under income tax, GST, customs, and state
Introduction Modern corporate enterprise is almost invariably conducted through groups: networks of parent companies, subsidiaries, holding entities, special purpose vehicles, and affiliated businesses that are legally distinct but economically integrated.
Introduction An insolvency regime that focuses exclusively on distributing whatever assets remain in a distressed company misses a critical dimension of corporate failure: the possibility that assets were moved out
Introduction No sector has tested the limits of the Insolvency and Bankruptcy Code more severely or more publicly than real estate. The insolvency of large Indian real estate developers, with
Introduction The Resolution Professional (RP) occupies the structural heart of the Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code. The IBC’s design assigns to the RP a role
Introduction In the global economy, corporate insolvency is rarely a purely domestic affair. Large Indian companies operate through subsidiaries, branches, and contractual networks spanning multiple jurisdictions. Foreign companies do business
Introduction One of the defining structural choices of the Insolvency and Bankruptcy Code, 2016 is the differentiation it draws between financial creditors and operational creditors. This distinction, which permeates the
Introduction The introduction of Pre-Packaged Insolvency Resolution Process (PPIRP) through the Insolvency and Bankruptcy Code (Amendment) Act, 2021, was greeted with considerable optimism among insolvency professionals, MSME advocates, and policy
Introduction The extension of the Insolvency and Bankruptcy Code to personal insolvency, and specifically to the insolvency of personal guarantors of corporate debtors, was among the most consequential and contested
Introduction When Parliament enacted Section 29A through the Insolvency and Bankruptcy Code (Amendment) Act, 2017, the legislative intent was unambiguous: to prevent the very promoters whose mismanagement had driven a