Less than 200 cases have been admitted to the National Company Law Tribunal till June after the suspension was lifted on March 24, revealed the Insolvency and Bankruptcy Board of India
The Centre has proposed a crackdown on insolvency professionals that develop nexus with companies facing bankruptcy proceedings thereby delaying the resolution process
Any restructuring of stressed accounts outside the IBC would not look credible till the performance of PSBs improves
Resolution professionals (RPs) will be required to inform the adjudicating authority about avoidance transactions of a corporate debtor
Seeking to enhance transparency in insolvency process, IBBI has amended regulations for corporate insolvency proceedings
A senior official said the details came into the public domain "inadvertently" as the regulator is working on a beta project to host the information of creditors
Fuelled by a huge unsatiated appetite for freedom of exit, the insolvency law is changing the way the society perceives business failures according to IBBI Chairperson M S Sahoo.
He also said that not many applications had been filed under the prepackaged scheme brought in for micro, small and medium enterprises (MSMEs)
In regulations issued on the Ordinance on pre-pack resolution, the IBBI said an insolvency professional can be appointed as resolution professional if they are independent of the corporate debtor.
New corporate insolvency being at halt reflected in the continuing drop in the number of ongoing corporate resolution cases in the October-December period
IBBI Chairperson M S Sahoo on Thursday said "normalcy" has been restored with respect to resolution of stress under the insolvency law, with the expiry of suspension of fresh proceedings. After a year of relevant provisions being suspended amid the coronavirus pandemic, fresh proceedings under the Insolvency and Bankruptcy Code (IBC) can now be initiated. Certain provisions under the Code, which provides for time-bound and market-linked resolution of stressed assets, were suspended with effect from March 25 last year in the wake of the pandemic significantly impacting business activities. The suspension, which was in place for one year, ended on March 24. IBBI (Insolvency and Bankruptcy Board of India) Chairperson M S Sahoo on Thursday said three things are clear now. "On Tuesday, the Supreme Court cleared the haze around moratorium on loans. Second, the suspension on initiation of corporate insolvency proceedings in respect of COVID-19 defaults expired on Wednesday. Third, the ...
Sahoo was responding to the criticism that only 25 per cent of IBC cases end up in resolution while the remaining get liquidated
The ground seems to be ready to experiment new options for resolution of stress and the market is anticipating a hybrid framework between a court-supervised insolvency framework and an out-of-court restructuring schemes, IBBI Chairperson M S Sahoo has said. In place for more than four years, the Insolvency and Bankruptcy Code (IBC) is helping in resolution of stressed assets in a market-linked and time-bound manner, and the proposal for "pre-pack" framework is also in the works. "Since some tasks of an insolvency proceeding are completed before the formal process begins, and some elements of formal process are avoided, pre-pack saves both on costs and time," Sahoo told PTI. The Insolvency and Bankruptcy Board of India (IBBI), a key institution in implementing the IBC, has also taken various steps to address difficulties of stakeholders concerned. According to him, insolvency regimes in most jurisdictions are not designed to address delinquencies arising from the COVID-19-like crisi
The process to rescind would be the same as was followed to initiate it - approval by a special resolution, passed by members or partners
The rules come at a time when the liquidation process takes much longer than envisaged under IBC
Top court likely to give its order on Thursday, has indicated it may transfer all cases to itself, according to a senior lawyer
Industry is backing an extension on grounds that the economy is still reeling under negative growth
The Insolvency and Bankruptcy Code has been in force for four years and provides for a time-bound and market-linked resolution framework for stressed assets
Says if auction is not possible, the assignment--transferring the rights and obligation of an asset--may be done on arm's length basis by the liquidator
IBBI said that some IBC provisions were suspended due to the Covid-19 situation and there is no complete ban or prohibition on lenders with regard to proceedings for corporate defaults