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.

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 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.

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

A step-by-step guide to NCLT e-filing in 2026: registration, PDF/A pre-requisites, forms, fees, the diary number, registry objections and the seven day defect clock.

Former employees can initiate insolvency proceedings against a defaulting company under Section 9 of the Insolvency and Bankruptcy Code, 2016, by applying to the National Company Law Tribunal as operational creditors once the unpaid operational debt meets the prescribed threshold. Individual dues below the threshold may be aggregated with other employees' claims to qualify. Workmen receive materially higher priority than other employees in the Section 53 liquidation waterfall

How the NCLT handles disputed operational creditor claims at the Section 9 admission stage under IBC: the pre-existing dispute test from Mobilox Innovations, what counts as a dispute, partial disputes, and practical strategies for creditors.

Insolvency professionals in India face show cause notices that suspend their practice before any finding of guilt, fee disputes with the committee of creditors they answer to, and a compliance regime with little room for error. A 2026 guide to the principal legal and practical difficulties and how the current regulatory and judicial framework addresses them.

A side-by-side comparison of IBC and SARFAESI for secured creditors in India: timelines, recovery rates, moratorium interaction, eligibility, and a framework for choosing the right enforcement route for faster asset realisation.

One of the most serious risks that directors of companies face in India is personal liability for the company's unpaid tax dues. This is not a hypothetical risk. The Income Tax Department issues notic

When a company enters Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016, business does not stop. The company continues to operate. Employees come to work, supplier