New Insolvency promises fast resolution, cheers to home buyers & banks

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener

Financial Institution, banks and homebuyers can look forward to fast resolution of pending cases and recovery of stuck money with the new Insolvency law in offing.

Five years down the line and a few of amendments, the Insolvency and Bankruptcy Code, 2016, seems not fetching the desired results, in terms of professional and timely resolution of the cases.

In the light of five years experience of this act being in operation, the government is planning a complete overhaul instead of a few cosmetic changes and amendments.

The idea of an overhaul of the code is to address all its requirements in one go and give it a fresh lease of life. The government is keen to make a significant improvement in the pace of rescuing companies in distress.

Bankruptcy rule maker Insolvency and Bankruptcy Board of India (IBBI) has been modifying rules and guidelines in several areas. They include steps to make it easier for tribunals to quickly establish existence of a payment default, reversal of ‘voidable’ transactions of the defaulting management.

Bringing more transparency and fairness in the functioning of the resolution professional, giving more flexibility in the sale of assets, making the bidding process more efficient and allowing entities to function as resolution professionals, are a few other areas of thrust in the proposed changes.

The proposed Bill will consist of measures to improve domestic insolvency regime as well as provisions to introduce a cross-border insolvency regime. The government is set to go for an overhaul of the Insolvency and Bankruptcy Code (IBC) for quicker rescue of distressed companies and to fix the weaknesses seen in bankruptcy proceedings.

It also proposes to look into the functioning of professionals hired by lenders to run defaulter companies. The ministry of corporate affairs has consulted judges, lenders, bankruptcy resolution professionals and various institutions on improving the outcome of bankruptcy proceedings.

Based on their suggestions and further consultation within the government, a Bill to overhaul the Code will be tabled in Parliament, which is likely in the budget session of Parliament.

The proposed Bill will consist of measures to improve domestic insolvency regime as well as provisions to introduce a cross-border insolvency regime. At the ministry’s consultation with stakeholders, the role of insolvency resolution professionals was examined in great detail too.

A key concern for policy makers is that these professionals who are hired for running the company as a stop gap arrangement and to perform certain bankruptcy resolution related functions are not industry experts.

Thus, allowing them to remaining at the helm of the company for a longer period may not add any value to the operational performance of the business. Hence delays in bankruptcy resolution also affect the operational performance of the business.

Reducing the time taken in bankruptcy resolution will make the process effective and improve the yield is the idea behind introducing the new changes. So far 5,893 cases have been admitted in the National Company Law Tribunal for bankruptcy resolution, of which, 3,946 cases are closed and 1,900 cases are pending, as per data available from IBBI. According to industry experts, many cases take a long time to get admitted in tribunals.

As per IBBI estimates, till September, 23,417 applications for initiation of bankruptcy resolution, having underlying default of ₹7.3 trillion were resolved before their admission, indicating that the bankruptcy code has led to a behavioral change among corporate debtors.

#insolvency #bankruptcy #insolvencyprofession #financialcreditors #homebuyers #corporate #debt



Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )
Advocate & Consultant, Supreme Court of India & High Courts

4C Supreme Law International, Delhi, NCR. Mumbai & Dubai
Tel: M- 91- 9818320572. Email: editor.kumar@gmail.com

Facebook: /4Clawfirm, /legalajay/ Linkedin: /ajaykumarpandey1/ Twitter:  /editorkumar / YouTube: c/4cSupremeLaw/ Insta: /editor.kumarg

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SC: ‘Default bail is a fundamental right and not merely a statutory right as it is, a procedure established by law under Article 21 of the Constitution' Supreme Court

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OCI cardholders can inherit land in India

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बडी खबर - सुप्रीम कोर्ट ने लोजपा के खिलाफ अपराधिक मामलों वाले उम्मीदवार को टिकट देने के कोर्ट के अवमानना के मामले में पार्टी के तर्क को स्वीकार करते हुए लोजपा को अपराध मुक्त किया।

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Mutation Entry Does Not Confer Any Right, Title Or Interest In Favour Of Any Person: Supreme Court

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Kya aapko apna LML Vespa, LML Orient scooter yaad hai?

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Simplified IPR registration process to help India become innovation hub

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Is an Indian marriage certificate valid in USA ?

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Can Enforcement Directorate arrest ?

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दुष्कर्म के नाम पर चल रहा था वसूली का खेल, महिला SI सस्पेंड: Delhi Police

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Will District Magistrate look after Child Welfare ?

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Insolvency and Bankruptcy Code Bill 2021: amendments for small businesses

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Can daughter in law drive out father-in-law from family property?

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Can your brother and Sisters have claim over your property ?

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Are women safe at home?

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A woman is raped every 5 hours, 10 mins in Delhi

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Centre sets speed limit for vehicles in Delhi, heavy fines for over speeding

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Law and Covid

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Are you ready to die peacefully

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DO YOU HAVE WILL TO WALK ?

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सवाल: मकान मालिक या किरायेदार... किसे फायदा पहुंचाएगा केंद्र का नया कानून, जानिए प्रमुख बातें

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Do you want to earn huge money?

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WhatsApp पर तीन रेड टिक? नहीं, सरकार आपके मैसेज, कॉल रिकॉर्ड नहीं कर रही है

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Are you next victim of Spy Groom war?

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काम की बात: क्या नॉमिनी ही होता है उत्तराधिकारी? जानिए क्या कहता है नियम और क्या हैं इनके अधिकार

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My father passed away without a will. Who has legal rights to his property?

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Get paid without insurance for Covid death

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News You Can Use.

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कोरोना में पैरेंट्स को राहत:सुप्रीम कोर्ट ने कहा- स्कूल चलाने का खर्च कम हुआ, इसलिए ऑनलाइन क्लासेस की फीस घटानी चाहिए

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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
When the second marriage of a married woman / man becomes an offense under section 494

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Is Rhea Chakraborty guilty?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Daughters have equal right in ancestral property

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Is second wife entitled for share in Property?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
How to save your hard-earned wealth from legal hassles?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
What will happen to property of Hindu after his death?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Are you safe at home?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Can sex with your own wife land you in jail ?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Can you land in jail for sharing Obscene Message online in private?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Legally speaking who discovered America?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Are you a victim of Covid-19 Goonda Raj ?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Can RWA stop your maid from coming to your home?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Can you escape Contractual Obligation under Covid-19?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Coronavirus: Is vaccine found for India Inc?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

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Who will pay rent for lockdown period?

New Insolvency promises fast resolution, cheers to home buyers & banks, home buyers, banks, Supreme Court, Dr. Pandey,  4c Supremelaw International, International Advocate, International Lawyer, Supreme Court Advocate, Supreme Court Lawyer, Best Advocate in India, Best Lawyer in India, Law Partener
Legal consequences of being whatsapp group admin

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