Tag: moratorium
Personal Guarantors to Corporate Debtors: A Guide to Insolvency Resolution under IBC
Introduction The Insolvency and Bankruptcy Code (IBC), 2016, provides a robust legal framework to resolve insolvency and ensure the timely reorganization of debts. Sections 94 to 120, specifically, deal with the insolvency resolution process for
Moratorium under I&B Code to include proceedings of cheque dishonor & Section 34 of Arbitration Act
The Supreme Court of India in P Mohanraj and others vs. M/s Shah Brothers Ispat Ltd[1] has held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code (the “Code”) also covers proceedings
MORATORIUM WOULD NOT APPLY TO PERSONAL GUARANTOR OF CORPORATE DEBTOR
The Supreme Court of India delivered two judgments under the Insolvency and Bankruptcy Code 2016 (“Code”) recently. While one judgment dealt with the applicability of moratorium under the Code over proceedings against personal guarantor of
Creditors Can Move Against Personal Guarantor of Corporate Debtor Under IBC-NCLAT
The law of Insolvency and Bankruptcy Code (“I&B Code”) is at its nascent stage and there are several legal issues, which still puzzle stakeholders. Applicability of order of moratorium, passed in the insolvency resolution process
Arbitration instituted after declaring moratorium under the I&B Code is non-est in law
The Supreme Court in its recent judgement passed by a division bench of J.Rohinton Fali Nariman and J. Sanjay Kishan Kaul in Alchemeist Asset Reconstruction Company Ltd v. M/s. Hotel Gaudavan Pvt. Ltd. & Ors.[1]
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