CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES

BY MEGHANA SRINIVAS LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION The globalisation of economy invited its own set of pros and cons. An issue that has assumed greater significance is that of corporate insolvency. The realms of cross-border insolvency law has multiplied on a macro level considering that the Indian economy opened up its gates forContinue reading “CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES”

PRE PACKAGED INSOLVENCY

BY SOMYA AGRAWAL LEGAL INTERN, H.K. LAW OFFICES BACKGROUND Formal insolvency proceedings are cumbersome to carry forward and involve significant direct and indirect costs so a time-efficient approach is introduced to decrease the load of courts and tribunals for which “Pre Package Insolvency proceedings” are an analogy. As the literal meaning suggests, Pre-pack insolvency meansContinue reading “PRE PACKAGED INSOLVENCY”

CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?

BY RISHI BHARGAVA LEGAL INTERN, H.K. LAW OFFICES Recently the committee of creditors and successful bidder, UV Asset Reconstruction Company, of Aircel Insolvency case knocked the door of the apex court to challenge the order passed by the Principal Bench of NCLAT, Delhi. The petitioners highlighted that the tribunal failed to consider the overriding natureContinue reading “CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?”

IBC (Amendment) Ordinance, 2020

INTRODUCTION The increase in the default threshold from INR 1 lakh to INR 1 crore was one of the first COVID-19 relief measures announced by the Minister of Finance. The Finance Ministry had also indicated that the government is also considering suspending initiating new insolvency applications for a period of 6 months.  The government’s announcementContinue reading “IBC (Amendment) Ordinance, 2020”