Sections 55 to 58 of the IBC provide a 90-day fast track CIRP for small companies, start-ups, and unlisted companies with assets under Rs. 1 crore. This article covers eligibility, procedural steps, and why the process sees low utilisation.

Chapter IV-A of the IBC creates the Creditor-Initiated Insolvency Resolution Process (CIIRP). Eligibility, the 30 day notice, timelines and board control.

A detailed guide to India's IBC 2016 — covering the CIRP, financial and operational creditors, CoC, resolution plans, Section 29A, liquidation, and key amendments.

Since 26 May 2026 the dissenting financial creditor floor under the IBC is the lower of liquidation value or a section 53 share of resolution proceeds.

NCLT filing fees for section 7, 9 and 10 applications, oppression petitions, schemes and appeals, with the statutory basis, payment mode and refund position.

A creditor may seek insolvency resolution against a personal guarantor to a corporate debtor under Section 95 of the Insolvency and Bankruptcy Code, 2016, a process adjudicated by the National Company Law Tribunal under Section 60(1) rather than by a civil court or the Debt Recovery Tribunal. Filing the application triggers an interim moratorium under Section 96 that freezes recovery proceedings against the guarantor even before admission. The Supreme Court upheld the constit

The Committee of Creditors approves a resolution plan under the Insolvency and Bankruptcy Code, 2016 by a vote of 66 percent of the voting share of financial creditors under Section 30(4), reduced from 75 percent by the 2018 Amendment. A 51 percent threshold applies as the default for CoC decisions not otherwise specified, while 66 percent covers CIRP extension and professional replacement, and withdrawal under Section 12A needs 90 percent. Voting shares are proportional to e

Reverse CIRP is a judicially created variation of the standard Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016, developed by the National Company Law Appellate Tribunal to prioritise completing under-construction flats for homebuyers over liquidating a developer's assets. It is not a term used in the IBC itself. Under the ordinary process, an Interim Resolution Professional takes over management once Section 17 of the Code applies, which

A detailed step-by-step guide to the CIRP under India's IBC 2016 — from filing before the NCLT to moratorium, CoC formation, resolution plan approval, and liquidation.

Download the full commentary here. Ten years into its life, the Insolvency and Bankruptcy Code, 2016 has generated a body of case law thicker than the statute is long. A new book, The Insolvency and Bankruptcy Code, 2016 - A Commentary by Vikrant D. Shetty, brings that decade of statute and case law together in one place: a complete, section-by-section guide to the Code, covering all twelve Parts from admission through liquidation, cross-border insolvency and the 2026 amendm

How to obtain a certified copy of an NCLT order in time, and how section 424(3) execution and section 425 contempt actually work against a defaulting party.

Section 12A of the Insolvency and Bankruptcy Code, 2016, inserted by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, allows the National Company Law Tribunal to permit withdrawal of an admitted corporate insolvency resolution process, but only where the applicant creditor and at least ninety percent of the Committee of Creditors by voting share agree. That threshold is the highest consent requirement anywhere in the Code, since other creditors and stakeholder

A tortious claim connected to a contract is arbitrable in India if resolving it requires reference to the contract, under the wide definition of arbitration agreement in Section 7 of the Arbitration and Conciliation Act, 1996, covering disputes arising from a defined legal relationship whether contractual or not. It is not arbitrable where the claim is a right in rem, enforceable against persons outside the arbitration agreement. This article examines the statutory basis for

Regulation 14 of the CIRP Regulations requires the Resolution Professional to estimate, rather than exclude, any contingent claim against a corporate debtor under the Insolvency and Bankruptcy Code, 2016, including uninvoked guarantees, pending litigation, and indemnities whose amount is not yet fixed. The Section 14 moratorium freezes the external proceedings that would otherwise determine such claims, leaving the estimate as the only route to admission. A creditor who does

Under Section 38(2) of the Arbitration and Conciliation Act, 1996, an arbitral tribunal's advance deposit toward costs must be paid in equal shares by each party, not split 50:50 between the claimant side and the respondent side. In a reference with one claimant and three respondents, each of the four parties owes 25 percent of the deposit, not 50 percent apiece. Institutional rules such as the ICC's often use claimant and respondent shorthand instead, which does not carry ov

Section 432 of the Companies Act and rule 45 of the NCLT Rules let a company secretary or in-house representative appear before the NCLT. The rules and the limits.

A practical guide to filing a Section 9 interim relief application before the Bombay High Court under the Arbitration and Conciliation Act, 1996.

A resolution professional conducting a corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016 must examine the corporate debtor's transactions for preferential, undervalued, extortionate and fraudulent dealings under Sections 43 to 66 of the Code, and commission a forensic audit where that examination reveals signs of fraud. Regulation 35A of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 requires this opinion

Section 14 of the Insolvency and Bankruptcy Code, 2016 imposes a moratorium on the corporate debtor from the insolvency commencement date, freezing every secured creditor's right to take possession of, sell, or enforce security created over the debtor's assets, including action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The moratorium does not extinguish the underlying security interest, only its enforceabil

An operational creditor can assign its claim to a third party at any point during the Corporate Insolvency Resolution Process under Regulation 28 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, made under the Insolvency and Bankruptcy Code, 2016, by notifying the Resolution Professional in writing. The assignee steps into the original creditor's exact position, including any defences the corporate debtor could raise and the exclusion from