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Tag Archive for "operational-creditors" -

CentrikBlogsoperational creditors

Tag: operational creditors

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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Maintaining the balance of interests of all the creditors

Posted by Advocate Kunal AhujaPosted on January 29, 2019February 19, 20190 CommentsCategories Debt Recovery ManagementTags Binani Industries Ltd. vs. Bank of Baroda, Financial Creditors, Importance of Financial Creditors, Importance of Operational Creditors, interests of all the creditors, operational creditors, Provisions of IBC

It is to be understood that the objective of IBC is not to provide benefit only to selective creditors but to protect the interests of all the stakeholders.

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Promoters and Shareholders Promoters are not Creditors under IBC

Posted by Advocate Kunal AhujaPosted on January 10, 2019February 19, 20192 Comments on Promoters and Shareholders Promoters are not Creditors under IBCCategories Debt Recovery Management, Tax AdvisoryTags corporate insolvency resolution process, Creditors under IBC, Financial Creditors, Insolvency Professionals, operational creditors, Provisions of IBC, shareholders and promoters are creditors or not, Top IBC Professionals in Delhi

The shareholders and promoters are not the creditors and thereby the resolution plan cannot balance the maximization of the value of assets of the corporate debtor

2 Comments on Promoters and Shareholders Promoters are not Creditors under IBC
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Liquidation process of a Corporate Person

Posted by Stupti BanerjeePosted on June 14, 20180 CommentsCategories Debt Recovery ManagementTags Financial Creditors, Liquidation process of a Corporate Person, operational creditors

Liquidation of corporate person is considered to be the last resort in order to recover money. When all the plan of resolution have failed and no other way could be adopted then dissolution of company is done.

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