jurisdictions: the Commercial Cash Flow and the Balance Sheet test. While enacting the Insolvency & Bankruptcy Code in 2016, India … to ascertain the overall commercial viability. In this lies an answer for India’s work in progress - Insolvency …Insolvency determination is central to the formal insolvency and bankruptcy proceedings of a debtor entity. In …

insolvency. The director liability framework in India is currently split with obligations enshrined under the Companies Act, 2013 … duties towards both these constituencies at all financial phase of the company – solvency, insolvency and borderline … during solvency and Insolvency and Bankruptcy Code, 2016 during insolvency and borderline stage. The lack of judicial …

In July 2019, the Competition Law Review Committee Report had recommended that Insolvency Resolution Plans (IRP) which …

Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the … work in progress Code is now in the process of adopting the Cross-Border insolvency, which was omitted from its original … Border Insolvency. However, the Committee overlooked a crucial jurisprudential guideline, which coloured the interpretation …

speed associated with such pre-packs. In India, pre-packs have not evolved through the present insolvency regime as it does …'s insolvency regime. Insolvency law in India places limitations on the participation of a company's directors and promoters in …-packaged insolvency in India. After evaluating the pre-pack regimes in the UK and the US, we conclude that it would be optimal for India …

insolvency law in the context of an emerging economy. Like other emerging economies, India is currently attempting a daunting …, it appears that some debtors and creditors in India do employ the country's insolvency laws. This indicates that India … of reported court decisions, there is little available evidence that India's consumer insolvency laws are currently an …

The inability to pay debts by a corporation or an individual is termed as “insolvency”. The inability to pay debts … could be either ‘cash flow insolvency' or ‘balance sheet insolvency'. Irrespective of the financial context, the paucity of … corporation, “bankrupt”. A good insolvency and bankruptcy code balances the three interests: (i) to effectively rehabilitate the …

Social policy is a concept that is often left on the side-lines of insolvency law, and often for good reason. However …, ignoring this inconvenient aspect of today's legal culture inhibits a broader perspective when considering how insolvency law … with the requirements of employee protection legislation. While such a matter is not strictly the prevue of EU insolvency …