IBC

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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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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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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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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