Insolvency and Bankruptcy Code, 2016: A Paradigm Shift within Insolvency Laws in India

ANKEETA GUPTA

Abstract


delivery and availability in India in light of the changes brought about by the Insolvency and Bankruptcy Code, 2016. The introduction of the Code is purported to resolve the issues within the credit ecosystem by identifying correctly all the stakeholders, most importantly the creditors and the debtors, resolving and settling non-performing assets, creating a robust mechanism for settling credit-related disputes, reducing creditor distrust and ensuring continuance of functioning of companies rather than being wound up for non-payment of debts.
While the Code promises to be a game changer, there exist various challenges that need to be addressed as the success of the Code is dependent on the manner in which its provisions are implemented, especially those pertaining to the strict timelines with parties seeking excessive discretionary indulgence from the adjudicatory authorities. Further, the challenges include impact of differential treatment meted out to the creditors, the committee of creditors being ordained with considerable powers over the fate of the corporate debtor, and the insolvency professionals being allowed to run the entities without much accountability and capability has resulted in an increased number of disputes. The legal, logical and procedural hurdles thus mentioned will need to be addressed in the most amicable manner within the foreseeable future.

Keywords


insolvency, bankruptcy, sick companies, insolvency professionals, information utilities, committee of creditors, financial creditors, operational creditors

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References


Anirudh, Pradeep Kare 2018. 'Corporate Viaticum and Where We Stand in the World: An Analysis'. The Chartered Accountant 66 (7): 45–50.

Ayotte, Kenneth and David A. Skeel 2010. 'Bankruptcy or Bailouts?'. ournal of Corporate Law 35 (3): 469–498.

Bainbridge, Stephen M. 2007. 'Much Ado About Little? Directors' Fiduciary Duties in the Vicinity of Insolvency'. Journal of Business and Technology Law 1 (2): 335–369.

Chandrasekhar, C.P. 2018. 'Lucrative Defaults by Hungry Corporates'. EPW 53 (19): 10.

Chaudhary, Vineet and Alka Kapoor 2016. 'Corporate Insolvency Resolution Process – Brief Analysis and Challenges'. Chartered Secretary 46 (9): 50–55.

Davydenko, Sergei A. and Julian R. Franks 2008. 'Do Bankruptcy Codes Matter? A Study of Defaults in France, Germany, and the U.K.'. Journal of Finance 63 (2): 565–608. https://doi.org/10.1111/j.1540-6261.2008.01325.x

Dubey, G.S. 2013. 'An Introduction to the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 – A Study'. Chartered Accountant Practice Journal 43: 684–692.

Eshawar, S. 2016, 'Information Utilities – Provider of Level Playing Field in Insolvency and Bankruptcy Process'. Chartered Secretary 46 (9): 71.

Ghosh, Pradip Kumar 2018. 'Evolution of Insolvency and Bankruptcy Code, 2016, Based on Judicial Interpretation and Pronouncement'. The Chartered Accountant 66 (7): 27–31.

Hemant, Manuj 2017. 'Insolvency Code: Variances in Behaviour of Stakeholders at Cross with the Overall Objective'. Insolvency and Bankruptcy Journal 1 (1): 9.

Jain, Deepak 2017. 'The Insolvency and Bankruptcy Code, 2016 – An Analysis and Opportunities for Professionals under the Code'. Chartered Secretary 47 (3): 38–42.

Jain, M.P. 2014. Indian Constitutional Law. Delhi: LexisNexis.

Jongho Kim 2009. 'Bankruptcy Law Dilemma: Appraisal of Corporate Value and Its Distribution in Corporate Reorganization Proceedings', Northwestern Journal of International Law & Business 29 (1): 119–194.

Narayanan, M.S. 1994a. 'Industrial Sickness: Review of BIFR's Role, 1994'. Economic and Political Weekly 29 (7): 362–376.

Narayanan, M.S. 1994b. Industrial Sickness in India: The Role of BIFR. Delhi: Konark.

Pahwa, H.P.S. 2010. Sick Industries and BIFR. New Delhi: Bharat Law House.

Pandian, Arvindh 2016. 'Corporate Insolvency Resolution Process under the Bankruptcy Code and its Impact on the Companies Act'. Chartered Secretary 46 (9): 62–66.

Parmar, Niddhi 2018. 'Apex Court Reverses NCLAT's Order – A Sigh of Relief'. The Chartered Accountant 66 (7): 32–36.

Pillai, Satish 2017. 'Information Utility – the Eyes and Ears of the Bankruptcy Code'. Insolvency and Bankruptcy Journal 1 (1): 5.

Ramamurthy, G.M. 2016. 'Position of Secured Creditor in the Winding Up and in the Liquidation of Corporate Debtor'. Chartered Secretary 46 (9): 74–77.

Ravi, Aparna 2015. 'The Indian Insolvency Regime in Practice – An Analysis of Insolvency and Debt Recovery Proceedings'. Economic and Political Weekly 50 (51): 19–46.

Sahoo, M.S. 2018. 'Message to the Readers'. ICSI IPA Insolvency and Bankruptcy Journal, 1 (1): 13.

Salim, Mohammad Rizal, 2007, 'Corporate Insolvency and the Protection of Creditors'. UiTM Law Review 3: 143–167.

Sharma, M.L. 2016. 'Winding up of Companies under the Insolvency and Bankruptcy Code, 2016'. Chartered Secretary 46 (9): 78.

Sharma, Nilesh 2017. 'Corporate Insolvency Resolution Process, Under the Insolvency and Bankruptcy Code, 2016 – An Analysis'. Chartered Secretary 46 (9): 56.

Singh, Prof. (Dr.) Ranbir 2017. 'Challenges in Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016'. Insolvency and Bankruptcy Journal 1 (1): 2.

Sriram, G. 2016. 'The Insolvency and Bankruptcy Code, 2016'. Chartered Secretary 46 (9): 32.

Srivastava, S.S. and R.A. Yadav 1986. Management and Monitoring of Industrial Sickness. New Delhi: Concept.

Sullivan, Teresa A., Elizabeth Warren and Jay Lawrence Westbrook 1987. 'The Use of Empirical Data in Formulating Bankruptcy Policy'. Law and Contemporary Problems 50 (2): 195–235. https://doi.org/10.2307/1191500

Thakar, Mahesh and Jyptmala Thakar 2016. 'Insolvency and Bankruptcy Code, 2016'. Chartered Secretary 46 (9): 37–45.

Tomasic, Roman 2006. 'Creditor Participation in Insolvency Proceedings – Towards the Adoption of International Standards'. Insolvency Law Journal 14 (3): 173–187. https://doi.org/10.2139/ssrn.1443762

Tyagi, Vivek 2018. 'Corporate Insolvency Resolution Procedure under Indian Insolvency and Bankruptcy Code, 2016: A Comparative Perspective'. The Chartered Accountant 66 (7): 37–44.

Umarji, M.R. 2016. 'Challenges in Implementation of Insolvency and Bankruptcy Code, 2016', Chartered Secretary 46 (9): 46–49.

Wadhwa, Rakesh 2016. 'Insolvency and Bankruptcy Code, 2016'. Chartered Secretary 46 (9): 23–29.

Wood, Roderick J. 2010. 'The Definition of Secured Creditor in Insolvency Law'. Banking & Finance Law Review, 25: 341–360.




DOI: http://dx.doi.org/10.22439/cjas.v36i2.5650



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