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The Insolvency and Bankruptcy Code, 2016—- A Primer

The presence of multiple laws, forums and complexities resulted in delays in the timely resolution of the distressed entities and eventually resulting in deterioration of assets and their realizable value. The IBC 2016 laid down a collective mechanism for resolution of insolvencies in the country in a time bound manner and to preserve the economic value of assets of corporate persons, partnership firms and individuals and to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders

Cabinet approves seven amendments to IBC for easier resolution

The Union Cabinet cleared seven amendments to the Insolvency and Bankruptcy Code (IBC) during its meeting on Wednesday 17th July which will allow the government to stick to strict timelines, and simultaneously, maximise the value of an insolvent entity from the resolution plan as a going concern. The amendments will also aid decision-making in the…

The Reserve Bank of India (RBI) will, for the time being, leave it to individual banks to decide how best to deal with corporate loan defaulters, and the government will exercise its majority shareholder rights to nudge state run banks to take insolvent companies to bankruptcy courts

Project Sashakt: 5 prong strategy on stressed asset resolution

Finance Minister Piyush Goyal unveiled ‘Project Sashakt’, a five-prong strategy to deal with non-performing assets. Sashakt aims to strengthen the credit capacity, credit culture and credit portfolio of public sector banks. What is Project Sashakt? Project Sashakt was proposed by a panel led by PNB chairman Sunil Mehta. The Five-Prong Approach is as under:- 1. Outlining SME Resolution approach for…

Creditor need not give notice of default to corporate debtor: NCLT

The Mumbai Bench of the National Company Law Tribunal (NCLT) has observed that prior notice is not required to be given by a creditor under the Insolvency & Bankruptcy Code (IBC) to establish that a corporate debtor has defaulted in making repayment.

According to Sec 3(12) of the IBC, default means non-payment of debt when the whole, a part or an instalment of the debt becomes due and is not repaid by the debtor/ corporate debtor as the case may be, said the tribunal.

Banks set to crack down on defaulters in RBI’s second list

A majority of companies on RBI’s second list of loan defaulters, including Monnet Power and Visa Steel, will be referred to NCLT for bankruptcy proceedings
The assets of some of the 40 top defaulters (12 in the first list and 28 in the second) are likely to be sold over the next few months as RBI and the government push lenders to speed up the resolution of Rs10 trillion of soured loans.

Banks set to send 23 of 28 large dud accounts to NCLT tomorrow

In August, the Reserve Bank had asked banks to either resolve 28 more large stressed accounts by tomorrow or refer them to the NCLT by December 31.These 28 accounts together account for 40 per cent of the system wide bad loans or worth around Rs 4 trillion.

Cabinet clears changes to plug loopholes in insolvency code

Govt to amend insolvency and bankruptcy rules via ordinance, will block promoters deemed wilful defaulters from regaining control of firms.

Barring wilful defaulters from acquiring bankrupt company will bring credit discipline: Bankers

The move to bar wilful defaulters from regaining control over their companies will bring credit discipline and prevent promoters from gaming the system

Wilful defaulters list – names and amounts of banks and borrowers: All you ever wanted to know

Wilful defaulters list: Finance Minister Arun Jaitley on Thursday said the banks will recover every penny of loan given to him. Jaitey, who was speaking at an event in New Delhi, said investigative agencies will take strong action against the liquor baron wherever he is found to have violated the law. Mallya, who has been declared a wilful defaulter, owes banks over Rs 9,000 crore.