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Blogs - Insolvency & Bankruptcy Code 2016 Archives - Page 18 of 20 - Centrik

CentrikBlogsInsolvency & Bankruptcy Code 2016

Category: Insolvency & Bankruptcy Code 2016

Amount paid towards lease of immovable property not an Operational Debt- NCLAT

Posted by ShriyamehtaPosted on February 1, 2020February 3, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags application before the NCLT, corporate debtor, definition of operational debt, demand notice against the Corporate Debtor, Insolvency and Bankruptcy Code 2016, insolvency proceedings against the corporate debtor, issues before NCLAT, operational debt under Insolvency and Bankruptcy Code, types of debt, what if Corporate Debtor failed to pay the rent

Claims towards rent of leasehold property do not fall within the definition of the operational debt in terms of Section 5(21) of the Insolvency and Bankruptcy Code, 2016.

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How an individual Home-Buyer can now proceed before NCLT?

Posted by Amar VivekPosted on January 11, 2020January 17, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags alternative for homebuyers, Can a HomeBuyer proceed before NCLT?, Home Buyer can proceed before NCLT?, how an individual home buyer can proceed before NCLT?, order for refund, proceed before NCLT, proceeding as a decree holder, Who is decree holder

Alternatives that an individual home buyer has in cases when the priority is refund and how they can proceed before NCLT or in other words exploit a long standing loophole.

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How New IBC Ordinance Affecting Home Buyers – An Analysis

Posted by Adv. Srishti GirdharPosted on January 5, 2020January 6, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags approach NCLT under IBC, Buyers from NCLT, Financial creditors under NCLT, Home buyers with recovery certificate, homebuyers approaching the NCLT, homebuyers as financial creditor before NCLT, Homebuyers as financial creditors, homebuyers under nclt, homebuyers with RC, How IBC Ordinance will impact?, IBC Amendment Bill, impact of IBC ordinance, Insolvency and Bankruptcy Code 2016, New IBC Ordinance, Refund order under NCLT, right of homebuyers

Central Govt. passed an ordinance by which they brought in a cap on number of homebuyers approaching the NCLT under Section-7 of the IBC code, 2016.

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Sole proprietary Firm Cannot Initiate Insolvency

Posted by Amarpal JakharPosted on January 2, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags absence of an arbitration agreement, Can Sole proprietary Firm Initiate Insolvency?, corporate insolvency resolution process, debt claim under dispute, refused insolvency proceedings by the NCLT, Sole proprietary Firm

Initiation of the Corporate Insolvency Resolution Process can be done in the name of the Individual who is the owner of a Sole Proprietorship.

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Revival of Construction Project from Insolvency

Posted by AdminPosted on December 30, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags case of liquidation, Financial Creditors under the IBC, homebuyers approaching NCLT, IBC, IBC under NCLT, NCLT, NCLT under IBC, projects under insolvency proceedings, revival and completion of Project, Revival of Construction Project, revival of Project being declared Insolvent, What is Insolvency

This article aims to caution and summarize the Corporate Insolvency Resolution Process with respect to buyers seeking revival and completion of Project.

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Financial Creditors can Initiate Insolvency against Personal Guarantors under IBC

Posted by Adv. Nazuk SethPosted on December 25, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016Tags claims against a Personal Guarantor, Insolvency against Personal Guarantors under IBC, insolvency proceedings against a Corporate Debtor under the NCLT, Insolvency Resolution and Bankruptcy Proceedings of Personal Guarantors to Corporate Debtors, IRB Proceedings of Personal Guarantors to Corporate Debtors, litigation proceedings against the Guarantor, proceedings against the corporate debtor, proceedings against the Personal Guarantor, provisions for Personal Guarantor under the IBC, remedies under the IBC

The new framework allows Creditors to continue recovery process with Personal Guarantor after completion of the Corporate Insolvency Resolution Process.

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Role of Information Utility and NeSL in safeguarding Insolvency Process under the IBC

Posted by Adv. Srishti GirdharPosted on December 23, 20190 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Benefits of utility information to Debtors, Benefits of utility information to Financial Creditors, Benefits of utility information to Investors, Benefits of utility information to stakeholders, certificate of registration utility information, Information Utility and NeSL in safeguarding Insolvency Process under the IBC, registration of utility information, services provided by the NeSL and Information Utility

The NeSL was the first Information Utility service registered under the BBI Regulations, 2017 it is one of the three pillars of the IBC system.

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High Court to intervene against orders of the NCLT

Posted by sangeetiPosted on December 20, 2019December 20, 20190 CommentsCategories Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags best lawyers in Karnataka, corporate insolvency proceedings under the IBC, corporate insolvency process, High Court to intervene against orders of the NCLT, Insolvency professionals in Karnataka, ongoing insolvency proceedings of the Corporate Debtor, powers of the NCLT under IBC, provisions of moratorium under the IBC, undergoing insolvency proceedings

A judgement has been held by Hon’ble Supreme Court that the powers of the NCLT under the IBC do not extend to adjudicating disputes relating to quasi- judicial or statutory authorities.

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Creditors Recover of INR 3.75 Lakh Crore in 1.6 years at IBC/NCLT Pre- Admission Stage

Posted by Priyanshi JaiswalPosted on December 17, 2019December 20, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags application filed under IBC, cases admitted by the NCLT, Claims against the corporate debtors, creditors can get claims from the debtor company, Creditors Recover money from IBC and NCLT, IBC laws, Insolvency and Bankruptcy Laws, insolvency proceedings, Litigation Proceedings, recovery of money by the creditors

The recovery rate has increased almost three times i.e. from 26.5% in 2018 to 71.6% in 2019 and the time taken for recovery improved from 4.3 years to 1.6 years within a short span of one year.

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Relief for Creditors: Time taken under SARFAESI to be Excluded for Limitation Act

Posted by Amar VivekPosted on December 15, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags application of Limitation Act on insolvency proceedings, application of Limitation Act over IBC, civil proceedings under SARFAESI against the Corporate Debtor, financial creditor can proceed against the corporate debtor under SARFAESI, insolvency proceedings instituted under IBC, issue of limitation over the proceeding of insolvency, proceedings under IBC, proceedings under SARFAESI, Relief for Creditors

Order deliverd by NCLAT is a relief for creditors to invoke the jurisdiction of IBC and seek appropriate redressal for their long-awaited grievances against the debtor.

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DHFL’s Insolvency: How it will affect the Creditors and Debtors in the Market

Posted by Amar VivekPosted on December 13, 20190 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Best Insolvency Professionals in Mumbai, DHFL goes insolvent, Insolvency case against DHFL, Insolvency proceedings against a NBFC, Insolvency proceedings against DHFL, Insolvency professionals in Delhi, Non-Banking Financial Sector, undergo insolvency proceedings

The institution of Insolvency proceedings against DHFL will result in Courts to venture out over new dimensions of prospective rights and liabilities of the financial service providers.

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Properties of Promoters attached by HRERA to Ensure Completion of Stalled Projects

Posted by AdminPosted on December 2, 2019December 9, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags attachment of properties by HRERA for Execution, Completion of Greenpolis Stalled Project, insolvency proceedings as financial creditors, Order by HRERA

The HRERA once more in a distinctive and groundbreaking feat attached the properties of the Developer to secure funds to ensure the completion of the Greenopolis Project.

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Govt May Change IBC Laws for Buyer Protection, Stricter Norms for Homebuyers

Posted by Amarpal JakharPosted on November 27, 2019December 12, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags condition before filing any petition, filing of IBC petition, filing of IBC petition before NCLT against the delay in possession, IBC Laws for Buyer Protection, Insolvency norms for homebuyers under the IBC, insolvency proceedings under IBC

The Ministry of Corporate Affairs may soon likely to move amendments to the code, including protection for new buyers and tighter norms for home buyers in terms of taking developers to the NCLT.

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NCLT flooded with cases by Homebuyers: Over 1800 cases filed so far

Posted by Adv. Shanu LambaPosted on November 19, 2019December 12, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags claiming the due debt from developers, homebuyers are moving NCLT to claim the due debt, How to approach NCLT under IBC, IBC for speedy redressal, NCLT flooded with cases by Homebuyers, NCLT under IBC for speedy Redressal, speedy redressal for the aggrieved homebuyers

The latest government data shows that how IBC is a huge change brought by the recent government in terms of a speedy redressal for the aggrieved homebuyers.

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Aviva Life Insurance Company now a Corporate Debtor under IBC

Posted by Priyanshi JaiswalPosted on November 13, 2019December 21, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016Tags Apeejay Group, Aviva is facing proceedings under the IBC, Aviva Life faces insolvency test, AVIVA LIFE INSURANCE, Aviva Life Insurance Company now a Corporate Debtor under IBC, Aviva Life under IBC, Financial creditor can file insolvency proceedings against the corporate debtor, first financial firm to enter NCLT, how to file claim against Aviva Life Insurance, IBC proceedings against Aviva Life Insurance, NCLT initiates insolvency proceedings against Aviva Life Insurance, NCLT orders insolvency proceedings against Aviva Life Insurance

Aviva Life is a joint venture between Dabur Invest Corp (Dabur group) and Aviva International Holding Ltd. This petition was filed against Aviva by Apeejay Trust for non-payment of rent and other relating dues totaling to over 27 lakh as claimed by Apeejay Trust in their petition.

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