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Blogs - Debt Recovery Management Archives - Page 14 of 25 - Centrik

CentrikBlogsLegal AdvisoryDebt Recovery Management

Category: Debt Recovery Management

Homebuyers to takeover the Delayed Projects- MAHARERA

Posted by Amar VivekPosted on March 16, 2020March 17, 20200 CommentsCategories Debt Recovery Management, RERA ConsultingTags delayed projects under MahaRERA, handover delayed Project to the Homebuyers, Homebuyers to takeover the Delayed Projects, IBC, IBC for Financial Creditors, IBC for Homebuyers, IBC proceedings as a financial creditor, interest of the Homebuyers, MahaRERA Orders, RERA

MahaRERA has taken an extra step to ensure completion of struck and delayed projects. MahaRERA asked all the developers to handover the project to homebuyer.

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LokSabha Clears Heavily Contested IBC Amendment Bill 2020

Posted by AdminPosted on March 11, 2020March 12, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, RERA ConsultingTags CIRP under IBC, corporate debtor under IBC, Financial Creditor can file an application for initiating CIRP under IBC, Homebuyers against the ordinance, IBC Amendment Bill 2020, provisions under IBC, Recovery proceedings, remedies under the IBC, RERA and IBC, rights under the IBC

The LokSabha passed the IBC (Second Amendment) Bill 2019, which was first introduced by the Finance Minister Nirmala Sitharaman on 12 December 2019.

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Corporate Debtor cannot be blamed for delay in delivery of possession when delay occurs due to Force Majeure

Posted by Shriya.mehtaPosted on March 10, 2020March 12, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Corporate Debtor cannot be blamed for delay in delivery of possession, Corporate Debtor defaulted in delivering the possession, corporate debtor under IBC, Corporate Debtor under NCLT, delay in delivering possession is due to the Corporate Debtor, Developer failed to deliver the possession, Financial Creditor terminated the Agreement, proposed time for handing over the possession, Recovery of Money, refund of the total amount, Who is Corporate Debtor

Whether the delay in delivering possession is due to the Corporate Debtor & in case the delay is not due to the Corporate Debtor, but force majeure, it cannot be alleged that the Corporate Debtor has defaulted in delivering the possession.

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No bar to Initiate Insolvency Proceedings pendency the action under SARFAESI Act or RDBFI Act

Posted by Shriya.mehtaPosted on March 6, 20200 CommentsCategories Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags corporate debtor under IBC, Initiate Insolvency Proceedings pendency, Insolvency Proceedings pendency the action under SARFAESI Act, proceeding under Recovery of Debts, provisions of Moratorium, Recovery of Debts, Recovery proceedings, resolution process of corporate debtor

The pendency of actions under the SARFAESI Act or actions under the RDDBFI Act, 1993 does not create an obstruction for applying Section 7 of Insolvency and Bankruptcy Code 2016, especially given Section 238 of IBC.

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Employee Benefits Constitute Operational Debt

Posted by shubham chhaleriyaPosted on February 24, 2020February 26, 20200 CommentsCategories Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Corporate Insolvency Process against the Corporate Debtor, Employee Benefits Constitute Operational Debt, Insolvency Professionals in Bengaluru, Legal Experts in Bengaluru, non-payment of pending salary, Notice issued to the Operational Creditor, objections raised by the Corporate Debtor, pending cases against the Corporate Debtors, recovery of dues under NCLT, Salary Benefits Constitute Operational Debt

A claim was made in respect of the non-payment of pending salary and other settlement benefits such as leave encashment, Leave Travel Allowance, and bonus.

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New IBC Amendments in work likely to benefit creditors in cases of Cross Border Insolvency

Posted by Priyanshi JaiswalPosted on February 23, 20200 CommentsCategories Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Agreements to resolve insolvency proceedings, benefits to creditors in Cross Border Insolvency cases, cases of Cross Border Insolvency, corporate debtor under IBC, Corporate Debtor under IBC in India, cross border insolvency processes, Insolvency laws, insolvency proceedings, New IBC Amendments, what is cross border insolvency proceeding?

The IBBI has disclosed that work is in progress to amend the IBC to make it compliant with cross border insolvency processes.

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Does amount advanced as loan without proper proofs/documentations constitute a Financial Debt?

Posted by ShriyamehtaPosted on February 20, 2020February 21, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags claim rejected by resolution professional, definition of the financial debt, definition of the financial debt under IBC, documentations constitute a Financial Debt, filed the application before NCLT, Financial debt, financial debt under IBC, issues before NCLT, NCLT Delhi Bench, resolution professional

The matter is that in a situation where the Applicant is unable to prove the amount advanced as loan without proper documentations, such loan amount would not meet the requirements of a “Financial Debt”. 

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Decline in NPAs Make Banking Sector Profitable in 7 Years

Posted by Adv. Upmanyu KumarPosted on January 1, 20200 CommentsCategories Debt Recovery Management, Legal Advisory, Tax LitigationTags Indian Banking Sector, Non-Banking Financial Companies, progress of banking in India, provisioning for NPAs made banking sector stagnant, trends of banking in india

Fall in Non-Performing Assets and Stressed Assets of the Indian Banking Sector have finally resulted in a profit for the first time in 7 years.

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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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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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Karnataka HC stays on NCLT order against Flipkart

Posted by Adv. Nazuk SethPosted on November 8, 2019December 12, 20190 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Best Lawyers in Karnatka, Flipkart Insolvency Proceedings, Insolvency Case against flipkart, Insolvency Proceedings against Flipkart, insolvency proceedings initiated against the e-commerce firm, Insolvency professionals in Bangalore, Karnataka High Court stayed the CIRP process, Karnataka High Court take on flipkarts Insolvency, stay on NCLT order

Flipkart approached the Karnataka High Court for a stay on the CIRP process initiated by the NCLT. Further,  the Karnataka High Court stayed the CIRP process.

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Recovery of Money in a Speedy Manner

Posted by sangeetiPosted on November 4, 2019November 5, 20190 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery ManagementTags cases involving the recovery of money, How to initiate CIRP against a default debtor, non-payment of debt, Recovery of money in a speedy manner, what is Financial and Operational Debt, What is the process for initiating CIRP, When does a debt become due?, Who can file an application for recovery of debt

Money matters are a sensitive issue for everyone involved in the business as nobody would want to leave or lose their hard-earned money like that.

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Remedies Available for Homebuyers in Delayed Projects

Posted by sangeetiPosted on November 1, 2019December 18, 20190 CommentsCategories Authentic Legal Advice, Business Advisory, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisory, RERA ConsultingTags appointment of an IRP, delay in completion, Delay in Possession, homebuyers can approach RERA for delays, legal remedies for delay in project, Legal Remedies for homebuyers, mental harassment by the developers, recovery of money invested, remedies available under the Consumer Protection Act, Remedies for homebuyers under IBC, Remedies under RERA

As a developing country, India had huge prospects for growth in the real estate sector, seeing this many people invested in the sector in good faith.

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In first of its kind, RERA Handovers the Project to Residents

Posted by AdminPosted on October 31, 2019December 18, 20190 CommentsCategories All For Startup, Business Advisory, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Legal Advisory, Legal Outsourcing, Registration And Compliance, RERA ConsultingTags claims of the complainants, completion of abandoned projects, completion of remaining project, judgement by the Panchkula RERA, Panchkula RERA Handover the project to residents, project handover by RERA, Project handover to association, RERA case against stalled project, RERA handovers the project to residents

1st of kind order from Hon’ble RERA, which is unique and real justice in real estate history. In the said case, the uncompleted project was handed over to the association to construct it through the pooling of money

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