Personal guarantors to corporate debtors comes under IBC regime
On Friday (15th November 2019), the Ministry of Corporate affairs notified “Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019”. [WAS PUBLISHED IN THE GAZETTE OF INDIA, PART II, SECTION 3, SUBSECTION (i)]. The new rule called in short as “Insolvency and Bankruptcy rule 2019” shall come into…
Read articleStrategic Options Available to Banks for the Resolution of Stressed Assets
Stressed assets, primarily comprising non-performing loans (NPLs), represent a significant challenge for banks and financial institutions. Effective resolution of such assets is crucial to preserving financial stability, optimizing asset quality, and ensuring capital adequacy. To this end, banks employ a range of recovery strategies, including debt restructuring, asset reconstruction, legal proceedings, and one-time settlements, among…
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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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How Insolvency and Bankruptcy Code (IBC) could benefit banks?
The Insolvency and Bankruptcy Code (IBC) 2016 is the bankruptcy law of India, amended as Insolvency and bankruptcy code (amendment) Bill 2017. The new law seeks to consolidate the existing framework by creating a single law for insolvency and bankruptcy. The mounting NPAs in the banking sector and other financial institutions have crippled lending activities…
NeSL: A repository of legal evidence holding the information pertaining to any debt/claim
National E-Governance Services Limited (“NeSL”) is a Union government company and is governed by the provisions of the Insolvency and Bankruptcy Code, 2016 (“IBC”) and Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017. It is appointed by the Insolvency and Bankruptcy Board of India (“IBBI”) as an Information Utility (“IU”). As a regulated…
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