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Tag Archive for "cirp-under-ibc" -

CentrikBlogsCIRP under IBC

Tag: CIRP under IBC

Conundrum on concept of subordinate charge in CIRP under IBC

Posted by kartikguptaPosted on May 24, 2021May 25, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags CIRP under IBC, Loan Specialist under IBC, recovery under IBC, Resolution Plan under IBC, Resolution Professional under IBC, Subordinate Charges under Different Laws in India, subordinate charges under IBC

Introduction of Insolvency and Bankruptcy Code, 2016 has decreased the idea of Subordinate Charge as Form H and Section 53 of Insolvency and Bankruptcy Code (“IBC”) recognizes only secured creditors.

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Filing of claims under IBC

Posted by AdminPosted on May 15, 2021May 21, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Case against the Corporate Debt Holder, Cases before IRP, CIRP under IBC, Claim against an Organization, Claims under IBC, Definition of claim under IBC, Disputed claims under IBC, Financial Creditors under IBC, Importance of filing of claims under IBC, Insolvency and Bankruptcy Code, Verification of claims by Resolution Professional

If any individual has any outstanding claims against an organization and the said organization has been exposed to CIRP, the primary thing that must be finished by such bank immediately is to document his/her cases before any IRP/RP.

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How is public announcement made?

Posted by AdminPosted on May 12, 2021May 17, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags CIRP under IBC, Claim before the IRP, corporate debtor under IBC, Effect of improper public Announcement, file a claim before the Interim Resolution Professional, Insolvency Resolution Process Cost, Public Announcement under IBC, Public Announcements by the Insolvency Professional, Resolution Plan under IBC

An insolvency professional shall make a public announcement immediately on his appointment as an interim resolution professional and that the word ‘immediately’ means not later than three days from the date of his appointment.

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How NCLT through IBC can help homebuyers to get refund from defaulting Builders

Posted by ajay.shuklaPosted on March 27, 2021March 30, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA ConsultingTags CIRP Prceedure for Homebuyers, CIRP under IBC, corporate insolvency proceedings under the IBC, Financial Creditors under IBC, Homebuyer as financial Creditor, How can homebuyers get refund from defaulting Builders, How NCLT help homebuyers under IBC, insolvency proceedings, NCLT and IBC, NCLT under IBC, relief against the defaulting builders, Relief for homebuyers

Hon’ble SC clarified the position of the homebuyers similar to that of a “financial creditor” under the IBC, after this the homebuyers were at a par with banks and financial institutions.

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Winding up Proceedings will not create any bar for Initiation of the Insolvency Proceedings

Posted by AdminPosted on November 24, 2020July 22, 20212 Comments on Winding up Proceedings will not create any bar for Initiation of the Insolvency ProceedingsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Aggrieved by the NCLAT Order, Application of the Financial Creditor against the Corporate Debtor, CIRP under IBC, Financial Creditor filed an application, IBC Experts in Delhi NCR, IBC Experts near Me, Initiation of the Insolvency Proceedings, Insolvency Petition under iBC, insolvency proceedings, NCLT under IBC, Petitions pending before the High Court, proceedings under IBC, Revival of Corporate Debtors, Winding up Proceedings

The appeal before the Apex Court was filed by the bunch of employee’s union against the impugned judgment of the Rajasthan High Court whereby, the High Court refused to transfer the winding up proceedings before the NCLT, and further set aside an order passed by the NCLT initiating the CIRP application by virtue of section 7 application filed by the Financial Creditor.

2 Comments on Winding up Proceedings will not create any bar for Initiation of the Insolvency Proceedings
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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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Implications of cheque bounce under Insolvency Laws (IBC)

Posted by Adv. Asmita Chaudhary NagpalPosted on July 29, 2020July 29, 20200 CommentsCategories All About GST, All For Startup, Business Advisory, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Outsourcing, Project Funding, Registration And Compliance, Tax Advisory, Tender ServicingTags Cheque Bounce under Insolvency Laws, cheque bouncing, CIRP against the corporate debtor, CIRP under IBC, corporate insolvency procedures, Financial Creditor filed a case under Section 7 of IBC, IBC Laws for Cheque Bounce, Insolvency and Bankruptcy Code, insolvency proceedings, insolvency proceedings against the corporate debtor, non payment of funds, Petition for initiation of CIRP under IBC, petition under IBC

Cheque bouncing is also the default in making payment of debt, and petition under IBC laws may be admitted

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Reverse CIRP under IBC- A boon or Curse for the Homebuyers?

Posted by Amar VivekPosted on April 1, 2020April 1, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags CIRP under IBC, Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, insolvency proceedings under the IBC, reverse CIRP against a real estate company, Reverse CIRP meaning, Reverse CIRP NCLAT, Reverse CIRP under IBC

Earlier the allottees had an option of claiming refund of the entire amount. But under the reverse CIRP, the allottees will not be able to claim the refund.

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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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