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Tag Archive for "resolution-plan-under-ibc" -

CentrikBlogsResolution Plan under IBC

Tag: Resolution Plan under IBC

No modification or withdrawal of resolution Plan after submission to NCLT : SC

Posted by Adv. Shanu LambaPosted on October 20, 2021October 28, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Government Advisory, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Appeal against the NCLAT Order, Application of modification of Resolution plan, Application of withdrawal of Resolution plan, NCLT rejected the application for approval of Resolution Plan, order passed by NCLAT, Resolution Applicant under IBC, Resolution Plan approved by the NCLT, resolution plan cannot be withdrawn, Resolution Plan submitted for approval, Resolution Plan submitted for approval of NCLT, Resolution Plan under IBC, Withdrawal of Resolution Plan after COC Approval

The Adjudicating Authority cannot allow or approve the application regarding modifications or withdrawals of CoC-approved Resolution Plans once the plan has been submitted before NCLT.

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Binding Nature of Resolution Plan (IBC)

Posted by AdminPosted on July 3, 2021July 7, 20210 CommentsCategories Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisory, Legal OutsourcingTags Appeal against an NCLT order, Approved resolution plan under IBC, can IBC override existing contracts?, definitions of Operational Creditor, Effect and overriding provisions under IBC of an approved Resolution Plan, Overriding effect of IBC, provisions under IBC, resolution plan is approved by the NCLT, Resolution Plan under IBC, Rules of the IBC

The NCLAT, in its Order dated 23.04.2019, ruled that GMSPL’s (Ghanshyam Mishra and Sons Pvt. Ltd.) Resolution Plan is better compared to the other Applicants. However, NCLAT noted that the parties’ claims that are not covered in the Resolution Plan may be raised before the relevant forums.

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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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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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Resolution Plan under IBC

Posted by AdminPosted on March 31, 2021April 1, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags beneficial alternative to liquidation, corporate debtor under IBC, IBC for Corporate Debtors, insolvency, Insolvency of Corporate Debtor, Liquidation, NCLAT allowed the withdrawal of a proposal, NCLT, resolution plan cannot be withdrawn, Resolution Plan under IBC, resolution process of corporate debtor

Resolution applicants enter the CIRP and prepare “Resolution Plans,” which are effectively instruments for taking over a corporate debtor, paying its creditors’ debts, and completing its recovery and restructuring.

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IBC vs SARFAESI Act

Posted by AdminPosted on March 27, 2021April 17, 20210 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags corporate debtor liquidation, Creditors under IBC, difference between IBC and sarfaesi, How does IBC works, IBC against corporate guarantor, IBC and limitation act, IBC and SARFAESI, IBC vs SARFAESI, NCLT, proceeding before DRT, proceedings under SARFAESI, RERA and IBC, Resolution Plan under IBC, resolution process under IBC

The IBC is favoured over the SARFAESI Act, primarily because it offers a quick solution and is also effective in reviving the company and safeguarding the interests of all stakeholders.

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