Corporate Insolvency Resolution Process
24 articles tagged with "Corporate Insolvency Resolution Process".
The Unstoppable CIRP: Supreme Court Rules Fraudulent Petitions Won’t Derail Ongoing Insolvency, Strips Promoters of Moratorium Cover
The Unstoppable CIRP: Why the Supreme Court is Prioritizing the "Collective" Over the "Clean Hands" Doctrine For corporate litigators defending distressed companies, the playbook has long included a standard, aggressive opening move: attack the credi...
No Writ Bypass, No Promoter Shield: The Supreme Court is Sealing the IBC’s Escape Hatches
For corporate litigators and insolvency professionals navigating the current landscape, the Supreme Court’s recent interventions in the Insolvency and Bankruptcy Code (IBC) send a chilling, unmistakable message to corporate promoters: Once the insolv...
As SEBI Settles Adani’s MPS Violations for Peanuts, the Supreme Court Tightens the Noose on IBC Promoters
For Indian corporate lawyers, the closing months of 2026 have delivered a masterclass in the stark dualities of our regulatory and insolvency regimes. On one end of the spectrum, the Securities and Exchange Board of India (SEBI) has signaled that hig...
The End of IBC as a Recovery Court: Supreme Court Mandates Crystallization of Claims and Strips Moratorium Protections
The Era of "Arm-Twisting" via IBC is Over For years, a significant subset of Indian corporate litigators has treated the Insolvency and Bankruptcy Code (IBC), 2016, as a glorified debt recovery mechanism. The strategy was simple: threaten a Section 9...
The End of the "Backdoor Exit": How the 2026 Amendment to IBC Section 12A Upends Corporate Settlement Strategies
The Sunset of the Pre-CoC Settlement For years, practicing insolvency lawyers have relied on a familiar playbook when representing corporate debtors: fight the Section 7 or Section 9 admission tooth and nail, and if the National Company Law Tribunal ...
The End of the "Endless CIRP": How the IBC 2026 Amendments and the Supreme Court are Forcing a Hard Reset on Insolvency Practice
The IBC Was Bleeding. The 2026 Amendments Are the Tourniquet. For the past few years, practicing insolvency lawyers have watched the Insolvency and Bankruptcy Code (IBC) slowly devolve from a swift resolution mechanism into a glorified, agonizingly s...
The Supreme Court’s 2026 Corporate Squeeze: Shifting the Burden on Insider Trading and Stripping Promoters of the IBC Shield
A Brutal Year for Corporate Evasion Tactics If your litigation strategy in 2026 relies on claiming your client’s stock dump was merely "coincidental" to possessing Unpublished Price Sensitive Information (UPSI), or if you are trying to shield a promo...
The End of the Promoter's Holiday: Supreme Court Narrows Section 14 Moratorium as India Eyes Out-of-Court Insolvency
For the better part of a decade, the Insolvency and Bankruptcy Code, 2016 (IBC) has been celebrated as India’s premier economic legislation. But for practicing corporate lawyers, the reality has often been a frustrating loop of tribunal bottlenecks, ...
The Promoter's Shield Shatters: Supreme Court Restricts Section 14 Moratorium Strictly to Corporate Debtors
The End of the "Free Pass" for Promoters and Directors For years, promoters of defaulting Indian companies have treated the corporate veil not just as a shield, but as a bulletproof vest. The standard playbook for a distressed company has been predic...
The IBC Supremacy Era: How the 2026 Amendment and Recent NCLAT Rulings Defanged SEBI and Restored Section 7 Certainty
The Dust Settles on the 2026 IBC Overhaul If there is one defining theme for corporate insolvency practice in 2026, it is the uncompromising supremacy of the Insolvency and Bankruptcy Code (IBC). Between the sweeping structural changes introduced by ...
The NCLT Bypass: Why the 2026 IBC Amendments Will Radically Alter Creditor Strategy
The Death of the 14-Day Admission Myth For the better part of a decade, Indian insolvency practitioners have lived a shared fiction: the statutory timeline. Under Section 7 of the Insolvency and Bankruptcy Code (IBC), the National Company Law Tribuna...
Bypassing the Bench: How the 2025 IBC Amendment and the Supreme Court's Suo Motu Intervention Will Radically Alter Insolvency Practice
The End of the Pre-Admission Stalling Tactic For the better part of the last decade, corporate insolvency practice in India has been defined by a glaring bottleneck: the pre-admission stage. Corporate debtors have masterfully weaponized the National ...
The Great IBC Power Shift: Bypassing the NCLT Bottleneck and Overriding SEBI’s Demat Freezes
As the Insolvency and Bankruptcy Code (IBC) marks its tenth year in 2026, the statistics speak for themselves: over Rs 4 lakh crore realized for creditors and over 30,000 cases resolved at the pre-admission stage. But for the practicing insolvency la...
Turf Wars and Bypass Surgeries: Why the Supreme Court Must Defend the IBC’s Supremacy Against SEBI
The IBC at a Crossroads: Regulatory Turf Wars and the Desperate Need for Speed For corporate lawyers navigating the labyrinth of Indian insolvency, 2026 is shaping up to be a watershed year. The Insolvency and Bankruptcy Code (IBC) was originally env...
The Death of Discretion: 2026 Amendment Buries Vidarbha Industries as IBC Bulldozes SEBI's Regulatory Turf
Welcome to July 2026. If you represent financial creditors, the latest legislative and judicial developments have just made your job significantly easier. For years, the insolvency resolution process has been bogged down by judicial overreach and int...
The IBC Supremacy Doctrine: How the 2026 Amendments and NCLAT are Dismantling SEBI's Turf and the 'Vidarbha' Legacy
The Return to Commercial Sanity in Corporate Insolvency If you are a corporate lawyer practicing in the National Company Law Tribunal (NCLT), 2026 is shaping up to be the year the Insolvency and Bankruptcy Code (IBC) finally bares its teeth again. Af...
The Supremacy of the IBC: How the 2026 Amendment and NCLAT's SEBI Takedown are Rewriting Corporate Insolvency
The IBC Steamroller Gathers Momentum If the first half of 2026 has taught us anything, it is that the Insolvency and Bankruptcy Code (IBC) is not just a statute; it is a regulatory steamroller. For corporate lawyers and insolvency professionals navig...
The Death of Discretion: How the 2026 IBC Amendment and NCLAT are Restoring Creditor Supremacy Under Section 7
The Return to Mandatory Admission For corporate insolvency practitioners, the last few years have been marked by a frustrating unpredictability at the admission stage. Ever since the Supreme Court’s controversial Vidarbha Industries ruling, Corporate...
The IBC’s Supremacy: NCLAT Defangs SEBI in Insolvency, While the Supreme Court Sets a Lethal Trap for E-Filers
If the April and May 2026 dockets of our insolvency tribunals tell us anything, it is this: the Insolvency and Bankruptcy Code (IBC) is an apex predator, and sectoral regulators like SEBI are rapidly slipping down the food chain. For corporate litiga...
Section 238 Strikes Again: How the IBC is Systematically Dismantling SEBI’s Recovery Arsenal in 2026
The Turf War is Over, and Section 238 Won For years, practicing insolvency lawyers have watched a high-stakes turf war play out between the Securities and Exchange Board of India (SEBI) and the Insolvency and Bankruptcy Code (IBC). SEBI has historica...
SEBI’s Rules Bow to Section 238: NCLAT’s Demat Ruling and the Unstoppable March of the IBC in 2026
The Endless Turf War: IBC vs. Market Regulators For practicing corporate lawyers, the intersection of the Insolvency and Bankruptcy Code (IBC) and securities law has always been a jurisdictional minefield. When a Corporate Debtor (CD) goes into insol...
Unlocking Demat Accounts and Curbing Tribunal Overreach: How NCLAT is Redrawing the NCLT's Jurisdictional Lines
The Endless Tug-of-War: IBC vs. Sectoral Regulators For insolvency practitioners, the intersection of the Insolvency and Bankruptcy Code (IBC) and securities law has always been a minefield. When a Corporate Debtor (CD) goes into insolvency, Resoluti...
The Section 60(5) Juggernaut: NCLAT Backs NCLT’s Power to Override SEBI Rules, But Hits the Brakes on Procedural Overreach
The Unstoppable March of NCLT's Residuary Jurisdiction For insolvency practitioners, Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) has become the ultimate Swiss Army knife. It is the residuary clause that allows the National Company...
IBC Trumps Dalal Street: NCLAT Cements NCLT’s Power to De-Freeze Demat Accounts Under Section 60(5)
The End of a Regulatory Turf War? For years, Insolvency Professionals (IPs) have faced a uniquely frustrating procedural nightmare: stepping into the shoes of a Corporate Debtor (CD), only to find the company’s demat accounts frozen by market regulat...
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