The Resolution Risk Premium: An Analysis of the Pre- Packaged Insolvency Resolution Process (PPIRP) Framework’s Impact on an MSME’s Access to Affordable Credit

Authors

  • ABHISHEK BANSAL

Keywords:

Resolution Risk Premium, Pre-Packaged Insolvency Resolution Process (PPIRP), MSME Credit Access, Debtor-in-Possession vs Creditor-in-Control, Timeline Risk, Information Asymmetry

Abstract

The Pre-Packaged Insolvency Regime in India was developed for MSMEs to provide a speedier, less disruptive, and cost-effective alternative to formal insolvency, with the implicit intent of reducing the “resolution risk premium” inherent in MSME lending. However, due to the structural and procedural flaws inherent in the PPIRP framework, this implicit cost of credit has persisted whereas, in some cases, it has increased aslo. The hybrid model, in which debtors retain operating control but lose decision-
making powers, generates agency risks, moral hazard, and monitoring inefficiencies that erode confidence among lenders. Moreover, the legislatively guaranteed 120-day resolution timeline has proved illusory due to judicial delays, objections raised at the pre-admission stage, and inconsistent interpretations by various tribunals. This has enhanced timeline risk, which is one of the key components of the resolution risk premium. Simultaneously, the recovery risk remains high due to the negotiations-based approach toward base resolution plans, the legally binding prioritization of operational creditors, and the apprehensions relating to accountability that financial institutions face when approving haircuts. Ultimately, these systemic weaknesses discourage creditor participation and hinder the objective of affordable credit flow into the MSME sector, which accounts for nearly one-third
of India's GDP and is the anchor for employment generation. Restoring predictability and efficiency, thereby reducing the embedded risk premium and strengthening MSME credit markets and contributing to broader financial and economic stability, calls for a calibrated recasting of statutory timelines, judicial intervention thresholds, and creditor protection mechanisms.

References

Kushagra Gahoi & Akash Krishnan, Comparative Analysis of Key Provisions of Corporate Insolvency Resolution Process and Pre-Packaged Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016, 4 INT'l J.L. MGMT. & HUMAN. 1238 (2021

M. P. Ram Mohan & Vishakha Raj, Pre-Packaged Insolvency Regulation: What Can India Learn from the United Kingdom and the United States?, 29 AM. BANKR. INST. L. REV. 231 (Summer 2021

Ministry of Micro, Small & Medium Enterprises, supra note 1, at 3.

Akshaya Kamalnath & Aparajita Kaul, Adding Mediation to India's Corporate Resolution Process, 31 INT'l INSOLVENCY REV. 163 (Summer 2022

Ibid.

Insolvency and Bankruptcy Code (Amendment) Ordinance, No. 3 of 2021, § 1, Gazette of India, Extraordinary, pt. II, sec. 1 (Apr. 4, 2021) (India)

Julie Roy, Debtor-in-Possession Style of Insolvency Resolution: Developments in India, 17 PRATT's J. BANKR. L. 383 (October 2021)

The Insolvency and Bankruptcy Code, 2016, § 54A, No.31 Acts of Parliament, 2016 (India).

The Insolvency and Bankruptcy Code, 2016, § 54D, No.31 Acts of Parliament, 2016 (India)

PPIRP Information Brochure, Insolvency and Bankruptcy Board of India. Available at: https://ibbi.gov.in/uploads/whatsnew/a650764a464bc60fe330bce464d5607d.pdf. (last accessed:

August 24, 2025).

Budhiraja, J.K., 2021. Pre-Packaged Insolvency Resolution Process for MSME. The Management Accountant Journal, 56(5), pp.82-87.

Divyansh Chaudhary, A Continued Necessity of PPIRP under the IBC 2016 Post Covid, 7 INT'l J.L. MGMT. & HUMAN. 1859 (2024)

Pre-Packs for MSMEs : A Positive Step with Implementation Hurdles, 2021 SCC OnLine Blog Exp 59.

The Insolvency and Bankruptcy Code, 2016, § 54H, No.31 Acts of Parliament, 2016 (India)

Arun Kumar Jagatramka v. Jindal Steel & Power Ltd., (2021) 7 SCC 474.

The Insolvency and Bankruptcy Code, 2016, § 54J, No.31 Acts of Parliament, 2016 (India)

The Insolvency and Bankruptcy Code, 2016, § 54O, No.31 Acts of Parliament, 2016 (India)

Pre-Packaged Insolvency Resolution Regime - Need of the Hour, 9 (2) SCHOLASTICUS 1 (2021).

The Insolvency and Bankruptcy Code, 2016, § 54D, No.31 Acts of Parliament, 2016 (India)

Rajat Sharma, Bhawna Arora, Corporate Insolvency Resolution Process (CIRP) Under IBC: An Analysis Of Effectiveness And Challenge, 7(3) Indian Journal of Law and Legal Research, 1104- 1119, (June, 2025)

Krrish Realtech (P) Ltd., In re, 2021 SCC OnLine NCLAT 429.

Kethos Tiles (P) Ltd., In re, 2025 SCC OnLine NCLT 2519.

India Spawns the Pre-Packaged Insolvency for MSMEs in Motion- The Insolvency and Bankruptcy Code (Amendment) Act, 2021, 2022 SCC OnLine Blog OpEd 18

Examining the Pre-Packaged Insolvency Resolution Process in India, 65 JILI (2023) 211

Tripathi, U., 2024. A critical analysis of India's pre‐pack regime for MSMEs. International Insolvency Review, 33(1), pp.89-110

Section 54A, 54K, supra note 9, at 5.

Kumar, S., 2021. Pre-packagedinsolvency-A much needed value addition to IBC 2016. Asian Journal of Research in Banking and Finance, 11(9), pp.1-13

Ibid.

Ravi, A., 2022. Prepacks Under the IBC: A Tussle Between Speed and Fair Process. In Insolvency and Bankruptcy Reforms in India (pp. 121-135). Singapore: Springer Nature Singapore

Xie, B., 2016. Comparative insolvency law: the pre-pack approach in corporate rescue. Edward Elgar Publishing

Lund, A., 2023. Cooperative Difference in Insolvency Proceedings: Pre-Pack Sales, Fiduciary Duty and the Oppression Remedy. McGill Law Journal, 68(2), pp.161-201

Frisby, S., 2011. Insolvency law and insolvency practice: principles and pragmatism diverge?. Current Legal Problems, 64(1), pp.349-397

The Insolvency and Bankruptcy Code, 2016, § 2240A, No.31 Acts of Parliament, 2016 (India)

Ibid.

GCCL Infrastructure and Projects Ltd., In re, 2009 SCC OnLine SEBI-OCM 68.

Krrish Realtech (P) Ltd., In re, 2021 SCC OnLine NCLAT 429

CHD Developers Ltd. v. D.B. Corpn. Ltd., 2021 SCC OnLine NCLT 5781

Kethos Tiles (P) Ltd., In re, 2025 SCC OnLine NCLT 2519

Published

2026-01-03

How to Cite

BANSAL, A. (2026). The Resolution Risk Premium: An Analysis of the Pre- Packaged Insolvency Resolution Process (PPIRP) Framework’s Impact on an MSME’s Access to Affordable Credit. Journal of Banking and Insurance Law, 9(1), 9–16. Retrieved from https://lawjournals.celnet.in/index.php/jbil/article/view/1962