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Tag Archive for "insolvency-proceedings-against-the-corporate-debtor" -

CentrikBlogsinsolvency proceedings against the corporate debtor

Tag: insolvency proceedings against the corporate debtor

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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Claims towards the lease of immovable property do not fall within the definition of Operational Debt under IBC

Posted by ShriyamehtaPosted on February 17, 2020February 20, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags application before the NCLT, definition of Operational Debt under IBC, insolvency proceedings against the corporate debtor, issues before the NCLAT, lease of immovable property, Operational Debt under IBC, operational debt under IBC india

NCLAT, New Delhi Bench has held that claims towards rent of leasehold property do not fall within the definition of the operational debt under IBC.

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Further litigation/alternative remedy cannot be pursued by creditors whose claim is taken into consideration within resolution plan

Posted by akshaydhawanPosted on February 9, 2020February 17, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags alternative remedy of arbitration proceeding, corporate debtor, Financial Creditors, IBC, Insolvency and Bankruptcy Code, insolvency proceedings against the corporate debtor, operational creditors, Resolution Plan, revised resolution plan

The Appellants cannot be permitted to pursue alternative remedy of suit/arbitration proceeding even if pending as Resolution Plan is binding on all the stakeholders.

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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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