Decoding the Code Series Archives

Legal Structure of Liquidator’s Fee under Insolvency Code (IBC)

April 8, 2024

Legal Structure of Liquidator’s Fee under Insolvency Code (IBC) Read Post »

All about Arbitration vs. Insolvency – The Interplay between Insolvency and Bankruptcy Code, 2016 (IBC) and Arbitration and Conciliation Act, 1996

November 15, 2023

A complete analysis of the interplay between Arbitration Act and Insolvency Code

All about Arbitration vs. Insolvency – The Interplay between Insolvency and Bankruptcy Code, 2016 (IBC) and Arbitration and Conciliation Act, 1996 Read Post »

Initiation of Insolvency Proceeding & Persons not entitled to make application to initiate CIRP

December 31, 2020

Initiation of Insolvency Proceeding & Persons not entitled to make application to initiate CIRP Read Post »

Definition of Creditor, Debt, Claim and Person under IBC

December 25, 2020

Definition of Creditor, Debt, Claim and Person under IBC Read Post »

All about ‘Default’ under IBC, Requirement of a minimum amount of default for filing Corporate Insolvency (CIRP) and Suspension period u/s 10A

December 20, 2020

This part of the Decoding the Code decodes:

Definition and interpretation of the default u/s 3(12) of the Code
Analysis of minimum amount of the default u/s 4 of IBC
Calculation of the default threshold amount for filing CIRP application u/s 7 or 9
Suspension of initiation of CIRP u/s 10A

All about ‘Default’ under IBC, Requirement of a minimum amount of default for filing Corporate Insolvency (CIRP) and Suspension period u/s 10A Read Post »

Definition of Financial Debt and Financial Creditor

December 10, 2020

Definition of Financial Debt and Financial Creditor Read Post »

Filing CIRP application by Financial Creditor before NCLT under Section 7 of the IBC

December 5, 2020

Filing CIRP application by Financial Creditor before NCLT under Section 7 of the IBC Read Post »

Operational Debt and Operational Creditor

December 1, 2020

Operational Debt and Operational Creditor Read Post »

Dispute and Existence of a Dispute under IBC

November 26, 2020

Dispute and Existence of a Dispute under IBC Read Post »

Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC

November 20, 2020

Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC Read Post »

Chapter	Topic	Content
CH-2: General & Definitions
		Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
		Dispute and Existence of a Dispute
		Operational Debt and Operational Creditor
		Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
		Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016
CH-3: CIRP
	Topic-1 : CIRP Application & Withdrawal
		Analysis of Minimum amount of default under Section 4 of IBC
		Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
		Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
		Initiation of CIRP by corporate applicant under Section 10 of the IBC
		Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
	Topic-2 : Declaration of moratorium and public announcement
		Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
		All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements
	Topic-3 : Appointment and tenure of IRP & RP
		Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
		Role of an Interim Resolution Professional and Resolution Professional
	Topic-4 : Management of affairs by IRP
	Topic-5 : Receive and collate all the claims submitted by creditors
	Topic-6 : Committee of creditors and meetings
		Constitution of Committee of Creditors under Section 21 of IBC
		Role of Committee of Creditors & It’s Commercial Wisdom
		Analysis of provisions on Authorised Representative under IBC
		Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
	Topic-7 : RP to conduct the CIRP and manage the operations
		Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
		Insolvency Resolution Process Costs & Essential supplies
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-8 : CIRP and Resolution Plan
		Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
		Role of the prospective resolution applicant
		Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
		Submission and approval of the Resolution Plan
		Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
	Topic-1 : Initiation of Liquidation
	Topic-2 : Appointment & Remuneration of Liquidator
		Appointment & Remuneration of Liquidator under Sec. 34 of IBC
		Powers and duties of Liquidator under Sec. 35, 37 of IBC
	Topic-3: Liquidation Estate
	Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
	Topic-5: Claims under Liquidation
	Topic-6: Preferential, undervalued and Extortionate Credit Transactions
		Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC
		To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
	Topic-7: Secured Creditor in Liquidation Proceedings
	Topic-8: Realisation of Assets in Liquidation Proceedings
	Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
		Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
		All about Personal Guarantor under IBC Part-I
		All about Personal Guarantor under IBC Part-II
		Insolvency Resolution Process Regulation
		Bankruptcy Process for PG Regulation
		IRP Application to AA Rules
		Bankruptcy Process Application to AA Rules