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Blogs - Insolvency & Bankruptcy Code 2016 Archives - Page 15 of 20 - Centrik

CentrikBlogsInsolvency & Bankruptcy Code 2016

Category: Insolvency & Bankruptcy Code 2016

Reverse Insolvency- Legal Remedy to Homebuyers as Group to get the Project Completed

Posted by Adv. Srishti GirdharPosted on October 9, 2020October 9, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA ConsultingTags Builder companies go Insolvent, CIRP is initiated against the Developer, Difficulties faced by Homebuyers, Financial Creditors under IBC, Group of Homebuyers file an application before NCLT, Group Reverse Insolvency, How RERA is Effective?, Legal Remedy for Homebuyers if Builder company go insolvent, Legal remedy to protect the interest of all homebuyers, What is Reverse Insolvency, Who are Financial Creditors?

The reason for stalling of a project can be one or many but the real objective for a homebuyer is to get the best possible remedy which protects the interest of all homebuyers of such a project.

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SECTION-8 OF RERA Vs. REVERSE INSOLVENCY

Posted by Adv. Srishti GirdharPosted on October 8, 2020October 15, 20200 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisory, RERA ConsultingTags Concept of Reverse Insolvency, Financial Creditors under IBC, Haryana RERA, IBC vs RERA, NCLT under IBC, proceedings under IBC, Provisions of IBC, Remedy available to the Homebuyers, RERA in Haryana, RERA vs Reverse Insolvency, Reverse Insolvency Process Provided under the IBC, reverse insolvency under IBC, Top IBC Experts in Delhi NCR

Many Homebuyers are confused between RERA and Reverse Insolvency, and it’s hard to decide which one is better. So here we are explaining the concept of RERA vs Reverse Insolvency.

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PETITION BEFORE NCLT CAN BE ADMITTED EVEN IF A LIQUIDATOR HAS BEEN APPOINTED BY THE HIGH COURT

Posted by AdminPosted on October 7, 2020October 13, 20202 Comments on PETITION BEFORE NCLT CAN BE ADMITTED EVEN IF A LIQUIDATOR HAS BEEN APPOINTED BY THE HIGH COURTCategories Authentic Legal Advice, Benchmarking, Corporate Litigation-All In Way, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Project Funding, Registration And Compliance, RERA ConsultingTags appointment of IRP if OL is there, companies act vs IBC, IBC petition can be filed before NCLT, IRP vs Official liqudator, Official liquidator vs IBC

Petition before NCLT can be admitted even if official liquidator has been appointed by the High Court (Held By NCLT and Hon’ble Supreme Court)

2 Comments on PETITION BEFORE NCLT CAN BE ADMITTED EVEN IF A LIQUIDATOR HAS BEEN APPOINTED BY THE HIGH COURT
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Bombay High Court prohibit banks to recovering EMI from Homebuyers

Posted by AdminPosted on September 30, 2020October 4, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Invest In India, Registration And Compliance, RERA ConsultingTags Banks forcing the homebuyers to pay EMIs, Banks to recovering EMIs from home buyers, file a writ petition before Bombay High Court, Insolvency Proceedings against the Developer, Relief to home buyers, stuck real estate project

Homebuyers who had taken a loan from the banks to pay for their flats in the Project, were being harassed by the banks who were forcing the homebuyers to pay their EMIs.

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Debt Restructuring a method of revival of the Real Estate Sector

Posted by AdminPosted on September 29, 2020October 1, 20200 CommentsCategories Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Debt Restructuring in India, Debt-Restructuring, Delay in the Completion of a Real Estate Project, Last-mile Funding, Reduction in Interest Rates, Restructuring of Loans, Revival of the Real Estate Sector, Stuck projects in NOIDA

The UP-RERA has now requested the RBI to consider restructuring the loans taken by the builders for the completion of real estate projects.

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Group Insolvency- The Future of Successful Resolution under IBC

Posted by AdminPosted on September 26, 2020September 28, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisory, Legal OutsourcingTags Aggrieved Homebuyers of the Amrapali Group, CIRP against a corporate debtor, CIRP under IBC, Corporate Debtors under IBC, cost-effective mechanism, Group Insolvency, Initiate Group Insolvency, relief to homebuyers, What is Group Insolvency?

It is advisable to the creditors to make a plea of initiating Group Insolvency while filing an application for initiation of CIRP against a corporate debtor.

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How to Choose Best Legal Firm for Joint Insolvency Petition By Homebuyers

Posted by Adv. Asmita Chaudhary NagpalPosted on September 24, 2020September 24, 20200 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Legal OutsourcingTags Best Insolvency Experts Near me, Best Insolvency Firm Near Me, Choose Best Legal Firm for Insolvency, Filing a Joint Application before NCLT under IBC, Filing a Joint application by Homebuyer, Filing a joint petition before NCLT under IBC Laws, insolvency proceedings, Insolvency process for Real Estate Industry, NCLT under IBC Laws, Process under RERA Laws

Homebuyers while filing the joint petition before NCLT under IBC laws, should chose the legal firm very carefully.

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Why Filing of Claim is Necessary under IBC

Posted by Adv. Upmanyu KumarPosted on September 23, 2020September 24, 20200 CommentsCategories Benchmarking, Grievance Redressal, Insolvency & Bankruptcy Code 2016Tags best resolution plan for the corporate debtor, claim against the corporate debtor, Claim filed by the Financial Creditors, Creditor fails to file the claim before the Resolution Plan, File claims before IRP, File claims before RP, File the claim before the Resolution Plan, Filing Claim under IBC, IBC Laws for Corporate Debtors

Filing Claim under IBC- It becomes very important to understand why every creditor should file their claims?

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How to choose your Interim Resolution Professional (IRP) for Insolvency Process

Posted by Adv. Upmanyu KumarPosted on September 22, 2020September 24, 20200 CommentsCategories Authentic Legal Advice, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Appoint IRP, Choose your IRP for Insolvency Process, CIRP against the corporate debtor, Duties of IRP, File a petition against a defaulting Corporate Debtor before NCLT, How to choose expert IRP, insolvency, Insolvency Resolution Professionals, IRP for Insolvency Process, IRP for the Corporate Debtor, Petitionfiled by either a Financial Creditor, What Does IRP means?, what is the role of a IRP in Insolvency Process

an Insolvency Professional having all the aforementioned requirements may be chosen as An IRP for the corporate debtor. However it may have an advantage over other IRP if the person had already dealt in that specific industry being an RP/IRP.

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A Journey of Homebuyer in IBC Laws

Posted by Adv. Upmanyu KumarPosted on September 21, 2020September 22, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags Default of Debt, Financial Creditors under the IBC, Financial debt, Homebuyers under IBC, IBC, IBC for Homebuyers, Indian Homebuyers, NCLT, Real Estate Sector, Status of Homebuyers

A tug of war going on between the companies involved in the real estate sector and the homebuyers since the Insolvency and Bankruptcy Code (IBC) came in force in 2016

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Points to remember while filing a case for homebuyers under the newly amended section 7 of IBC

Posted by Adv. Asmita Chaudhary NagpalPosted on September 15, 2020September 15, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags corporate debtor under IBC, Delay in the Possession, file joint application against the Builder, filing a petition for the homebuyers under IBC, Filing the petition before NCLT, Grievance against the defaulting Builder, Grievances against the defaulting corporate debtor, Homebuyers under the newly amended Section of IBC, Insolvency and Bankruptcy Code 2016, points that homebuyers needs to keep in mind before filing petition, RERA under IBC

There are certain points which are to be taken into consideration whilst filing a petition for the homebuyers under the newly amended Section 7 of IBC.

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Relief for Homebuyers: RBI pushes for home loan restructuring

Posted by AdminPosted on August 28, 2020August 29, 20200 CommentsCategories Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Legal Advisory, RERA ConsultingTags Debt-Equity Ratio, Home Loan Restructuring, Loss of Income due to the pandemic, Non-Performing Assets, Relief for homebuyers, Restructure Home Loans without Extending the Moratorium Period, Restructuring of Loans, Restructuring options for Home Loans, What is Restructuring of Loan

Restructuring plan is a ray of hope for the borrowers. As the borrowers are already being stretched between the loan repayment and pandemic situation.

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Registration of default with NESL not mandatory

Posted by AdminPosted on August 21, 2020August 21, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags Disabilities for Financial Creditors, Financial Creditors under IBC, Long-standing Debts, NCLT Kolkata Bench, provisions of the IBC, Recovery of Longstanding Debts, Registration of default with NESL, Relief for Creditors, Top IBC Experts in Kolkata, Top IBC Lawyers in Delhi India

The NCLT Kolkata Bench imposed a mandatory condition on all the financial creditors to file information of their record of default with the National E-Governance Services Ltd. (NESL).

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REVERSE INSOLVENCY – GOOD FOR ALL (HOMEBUYERS & BUILDER)

Posted by Amarpal JakharPosted on August 8, 2020August 8, 20200 CommentsCategories Authentic Legal Advice, Benchmarking, Business Advisory, Cross Border Advisory, Debt Recovery Management, Government Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Advisory, Legal Outsourcing, Project Funding, Registration And Compliance, RERA ConsultingTags diversion of funds, Financial Creditor under IBC, NCLT to initiate the CIRP, Provisions of IBC, reverse CIRP against a real estate company, Reverse CIRP NCLAT, Reverse CIRP under IBC, reverse corporate insolvency process, Reverse Insolvency, reverse insolvency under IBC, right of homebuyers, What is Reverse Insolvency

Reverse Insolvency Under IBC laws, seems best solution for struck real estate projects and Reverse Insolvency concept is kind good for both homebuyer and builder

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Relief for Creditors – NCLAT paves way for extending the period of limitation

Posted by Amar VivekPosted on August 8, 2020September 23, 20200 CommentsCategories Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Appeal Filed against the order by NCLT Mumbai Bench, CIRP as an Operational Creditor under IBC, Issue of Limitation, Limitation Period of Debt, Longstanding Opertaional Debt, Operational debt, Period of Limitation, Recovery of long-standing Operational Debt, Relief for Creditors

The limitation period cannot be extended, given the statutory provision under Section 19 of the Limitation Act as the Corporate Debtor has made part payment after expiration of the period of limitation.

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