No relief to personal guarantors under bankruptcy code: Supreme Court
The Supreme Court on Thursday in a significant ruling upheld the constitutionality of Insolvency and Bankruptcy Code (IBC), including allowing creditors to initiate insolvency proceedings against personal guarantors. The Court dismissed over 200 petitions that challenged the legal validity of the code. The provisions relating to personal guarantors were introduced under the Insolvency and Bankruptcy…
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Insolvency and Bankruptcy Code (IBC): List of restraints on FSPs during the moratorium period
Today (29.11.2019) RBI has filed an application under insolvency and liquidation proceeding against “ Dewan Housing Finance Corporation Limited” under Section 227 read with clause (zk) of sub-section (2) of Section 239 of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rules 5 and 6 of the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings…
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Understanding Credit Default, Stressed Assets, and Non-Performing Assets (NPAs)
Credit Default, Stressed Assets, and Non-Performing Assets (NPAs) are interrelated concepts within the domain of credit risk management. While often used interchangeably, each term has a distinct meaning and relevance in assessing the financial health of lending institutions and borrowers. Credit DefaultCredit default refers to the failure of a borrower to fulfill the repayment obligations…
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Restructuring, Rehabilitation, and Recovery of Loans: A Comprehensive Overview
Introduction Loan restructuring, rehabilitation, and recovery are critical components of credit risk management within the banking and financial services sector. These processes aim to support borrowers experiencing financial distress, preserve the economic value of assets, and ensure the stability of the financial system. This article provides an in-depth overview of the mechanisms and regulatory frameworks…
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What is NCLT?
The National Company Law Tribunal (NCLT) is the adjudicating authority (quasi-judicial authority) for the insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016. Previously, there were four different legal forums viz. High Courts, Company Law Boards, Board for Industrial and Financial Reconstruction (BIFR), and Debt Recovery Tribunal (DRT)…
Instruments of Credit Control Used by the Reserve Bank of India
The Reserve Bank of India (RBI), as the central monetary authority of the country, employs credit control as a critical tool of monetary policy to regulate the availability, cost, and direction of credit in the economy. The objective is to achieve key macroeconomic goals such as price stability, sustainable economic growth, and overall financial stability.…
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