insolvency and bankruptcy

Secured Creditor v. Government Dues: Unravelling the Judicial Stance in India

In this post, the author discusses the judicial stance in India regarding the priority of secured creditors’ claims versus government dues in the context of insolvency and bankruptcy cases. In doing so, the author also aims to highlight the importance of the IBC in resolving corporate insolvency issues and ensuring a fair and transparent distribution of assets among stakeholders.

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Analysis Of The Interplay Between Insolvency And Cryptocurrency

In this post, the authors aim to analyse the interplay between Insolvency and Cryptocurrency by elucidating the manner in which Insolvency and Bankruptcy Code of 2016 would be applicable in the event companies that possess crypto assets undergo an insolvency process.

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TCLF ONE-ON-ONE | Bonus Ep. ft. Mr. Tushar Kumar : Pre-Pack Insolvencies

In the latest episode of TCLF One-on-One, Mr. Tushar Kumar who is a graduate of National Law University, Lucknow and is currently working as an Associate at E&Y,. talks about the issues of Pre-Pack Insolvencies and much more.

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SEBI

Beware Proxy Advisers! The Big Brother is Watching: Key Issues with SEBI’S puzzling Guidelines for Proxy Advisers

In this post, the author argues that the recent SEBI Procedural Guidelines may undermine the liberty of the businesses’ voting advice and establish formidable barriers to entry for new firms. The author also contends that the broadcast of confidential information (i.e. research methods and techniques) by proxy advisers would destroy their business model.

Beware Proxy Advisers! The Big Brother is Watching: Key Issues with SEBI’S puzzling Guidelines for Proxy Advisers Read More »

UK Supreme Court Sevilleja v Marex Financial Ltd

Case Comment: Sevilleja v. Marex Financial Ltd [2020] UKSC 31

In this post, the author comments upon the recent landmark decision of the UK Supreme Court in Sevilleja v. Marex Financial Ltd., wherein the Court significantly curbed the scope of the “reflective loss” principle that had been steadily expanding for several decades.

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Reflection of Debt in a Balance Sheet

Reflection of Debt in a Balance Sheet: Acknowledgment or a Statutory Compliance?

In this post, the author critically examines the decision of the Hon’ble NCLAT in V. Padmakumar v. Stressed Assets Stabilisation Fund & Anr. The author differs from the majority’s widely debated view holding that the reflection of debt in the balance sheet of the Corporate Debtor does not amount to an acknowledgment under Section 18 of the Limitation Act, 1963, and argues that sole reliance on Section 92 of the Companies Act, 2013 is misplaced and the implication of the balance sheet along with the Directors’ Report and financial statement must be considered holistically.

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Insolvency and Bankruptcy Abhirup Dasgupta

TCLF ONE-ON-ONE| Ep.8 Mr Abhirup Dasgupta: Understanding Insolvency & Bankruptcy Code

In the latest episode of TCLF ONE-ON-ONE, Abhirup Dasgupta (Partner, HSA Advocates) talks about his journey in the profession, his experience of being a part of the first insolvency petition in India, the major amendments and changes in the insolvency law over the years and the recent Ordinance which has brought about various changes to the IBC in light of the COVID-19 Pandemic.

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Covid-19 and Insolvency Laws: Steps Taken and Way Forward

“Policymakers all over the world fear that this could push large number of companies towards liquidation leaving thousands of workers unemployed and the insolvency courts over-burdened. Therefore, economies around the globe are taking temporary measures to mitigate this crisis and keep the entities afloat.”

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