An Expedition of Insolvency & Bankruptcy Laws & its Amendments

Authors

  • Monika Jain Bar Council of India, New Delhi, India

Keywords:

bankruptcy, corporate, creditors, insolvency, resolution, IBC, COC, NCLT, debt, procedure

Abstract

The Insolvency and Bankruptcy Code, 2016 is the solitary of all considerable procedures which commences through the administration by taking responsibility of the significant augment in the echelon of out of one’s mind, debt in India. The Code sets elsewhere a time-bound insolvency declaration procedure for non-appearance of commercial debtors and commences a creditor in possession representation whereby a working group of creditors is represented to obtain pronouncements on the area under discussion of the functions of the commercial defaulter, together with appraising forthcoming declaration procedure for making one’s mind up the corporate debtor's bank account. The Code was a beyond belief tread towards declaration of harassed possessions. On the other hand, persuaded treacherous changeability and fissures, be converted into apparent, provide an assortment of officially permitted procedures, make the first move in admiration of commercial bankruptcy declaration procedures. In addition, present situations have been influenced by legal announcements in recent past which are human being’s observations as divergent to the Code's expectations opportunity most important apprehension of distribution to monetary creditor’s in evaluation with geared up acceptors.

Author Biography

Monika Jain, Bar Council of India, New Delhi, India

Dr. Monika Jain

Senior Advocate

Bar Council of India, New Delhi, India

Published

2020-02-11

How to Cite

Jain, M. (2020). An Expedition of Insolvency & Bankruptcy Laws & its Amendments. Journal of Banking and Insurance Law, 2(2), 23–29. Retrieved from https://lawjournals.celnet.in/index.php/jbil/article/view/479