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Tag Archive for "operational-creditor-under-ibc" -

CentrikBlogsoperational creditor under ibc

Tag: operational creditor under ibc

NEW CHALLENGES IN THE IBC WATERFALL MECHANISM

Posted by Adv. Niraj ChamyalPosted on February 27, 2023March 15, 20230 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags IBC Waterfall Mechanism, importance of waterfall mechanism, liquidation of the Corporate Debtor, New Challenges in The IBC Waterfall Mechanism, operational creditor under ibc, section 53 of IBC waterfall mechanism, waterfall mechanism of liquidation, waterfall mechanism under IBC, what is waterfall mechanism in finance

A key element that differentiates the IBC from previous legislation governing corporate insolvency is the distribution waterfall in the event of liquidation.

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Operational Debt Includes Advance Payment Made to a Corporate Debtor for the supply of Goods or Services: SC

Posted by Advocate Chetna BishtPosted on February 4, 20230 CommentsCategories Government Advisory, Legal Advisory, Tax AdvisoryTags advance payment given to a corporate debtor for the supply of goods or services, Claim of refund of advance payment, corporate debtor, financial debt under IBC, Is advance payment an operational debt?, operational creditor under ibc, Operational debt, Operational Debt under IBC, operational debt vs financial debt

A debt arising from an advance payment given to a corporate debtor for the supply of goods or services would be deemed an operational debt.

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An Operational Creditor with an Arbitral Award can proceed as a Decree Holder

Posted by Amar VivekPosted on July 6, 2020July 6, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags Corporate Debtor under NCLT, insolvency proceedings under IBC, operational creditor under ibc, proceed as a decree holder, Proceed as decree holder before the NCLT, recovery of due amount, recovery of time-barred debt

The National Company Law Tribunal has paved the way for operational creditors to revive their debt and proceed as decree holder.

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How Operational Creditors can revive their time-barred debt: An analysis of the Mekko Steel Case

Posted by Amar VivekPosted on February 15, 2020February 19, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags application of the Limitation Act, bankruptcy, Debt from the Operational Creditor, debt recovery matters, how operational creditors can revive debt, IBC, insolvency, operational creditor under ibc, procedure to revive debts, remedy to revive time-barred debt, revival of debt for initiating CIRP, time-barred debts

There is a certainty that the time-barred debt can be revived even after the lapse of an initial period of limitation which is 3 years.

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When Resolution Plan can be challenged by the aggrieved Person

Posted by ShriyamehtaPosted on February 13, 2020February 20, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags an application in order to revive the corporate debtor, appeal against an order approving a resolution plan, claim against the corporate debtor, file an appeal before NCLAT, IBC for insolvency process, initiation of the insolvency process, issue related to recovery, operational creditor India, operational creditor under ibc, provisions of the IBC, Resolution Plan can be challenged

The resolution plan can be challenged by an aggrieved person as per the grounds mentioned in Sub-Section (3) of Section 61 of the Code.

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