The code will apply to companies, partnerships, limited liability partnerships, individuals and any other body specified by the government
The famous 'tareekh pe tareekh' dialogue from the Hindi movie Damini captures where we are now.
Finance Minister Nirmala Sitharaman stated in the Lok Sabha that the Insolvency and Bankruptcy Code (IBC) has been a crucial factor in improving the health of India's banking sector, significantly aiding in the recovery of non-performing assets (NPAs).
Once the bankruptcy provisions are notified, these proprietary firms will benefit, as Insolvency and Bankruptcy Board plans to consider them as individuals
'The Bill is a feather in the government's cap'.
There are multiple laws dealing with insolvency in India, which lead to delays.
Bankruptcy Code will consolidate existing laws related to liquidation and sick industries
The Enforcement Directorate has arrested Rakesh Kumar Gupta, Chairman of Sadhna Group, in a money laundering case linked to alleged irregularities in IBC processes. He is accused of engineering insolvency to settle significant Income Tax dues for a fraction of the amount, receiving cash via crypto/hawala, and share manipulation. The alleged proceeds of crime total Rs 168 crore, and Gupta has been remanded to five days of ED custody.
The first of a two-part series explores how the proceedings under the IBC have taken off and whether the code is helping banks recover their unpaid loans
Recent tribunal rulings open prospects of large haircuts and barriers to auctioning of personal guarantees, among other issues
The National Company Law Tribunal (NCLT) has dismissed a plea by Jet Airways' liquidator seeking a Rs 500 crore refund from Boeing, ruling that the matter involves a complex contractual dispute requiring detailed adjudication and evidence beyond the tribunal's insolvency jurisdiction.
The National Company Law Tribunal (NCLT) has approved a repayment plan for media baron Subhash Chandra, allowing him to settle admitted creditor claims of approximately Rs 22,006.57 crore by paying just Rs 6.5 crore, resulting in a nearly 99.97 per cent haircut for lenders.
The National Company Law Tribunal (NCLT) in Mumbai has admitted a petition filed by State Bank of India (SBI) seeking to initiate personal insolvency proceedings against industrialist Anil Ambani. This action is related to Ambani's alleged personal guarantees for loans extended to Reliance Communications (RCom), from which SBI is attempting to recover over 1,200 crore.
Experts say that under the liquidation process, financial and operational creditors are less likely to recover the full-value of their dues, while employees may not get their full salaries.
'Borrowers may stop EMIs if the loan or tripartite agreement expressly permits suspension, including where disbursements or repayments are linked to specified construction milestones.'
So far, among the IBC cases, SBI has been able to recover Rs 8,500 crore from Tata Steel's acquisition of Bhushan Steel. Another Rs 1,500 crore is in an escrow account on account of Electrosteel Steels.
Bankers back the new bankruptcy code, which would impose debt deadlines on failed firms and foresees up to five years in jail for debtors who conceal property or defraud creditors
The National Company Law Tribunal (NCLT) has approved media baron Subhash Chandra's personal insolvency resolution plan, which proposes to pay Rs 6.5 crore against admitted creditor claims of approximately Rs 22,006.57 crore, despite allegations from dissenting lenders that five family-linked entities controlled 61.78 per cent of the voting share.
The National Company Law Tribunal (NCLT) approved a record 107 resolution plans in the second quarter of financial year 2026-27 (Q2FY27), its highest quarterly performance, despite ongoing challenges such as member vacancies and infrastructure constraints.
In a move to plug gaps in the Insolvency and Bankruptcy Code (IBC), the ministry of corporate affairs (MCA) has proposed robust norms against avoidance transactions, wrongful trading, and inordinate delays via changes to look-back period and fixed timelines for the tribunals to reject or approve plans, among other measures. The MCA has proposed that the IBC should provide the adjudicating authority with 30 days for approving or rejecting a resolution plan under Section 31. If a decision is not made on the resolution plan within that period, the adjudicating authority will record reasons in writing for the same, the ministry has proposed.
Subhash Chandra hoped that the lenders would discuss the matter with the borrowers, reconcile the outstanding accounts, and get paid by the borrowers.
The International Monetary Fund, in its report on the Indian economy, said the Insolvency and Bankruptcy Code (IBC) Amendment Bill addresses many deficiencies but it has not provided for the participation of operational creditors or rules for executory contracts. The IMF staff report said that the business dynamism in India remains relatively low, marked by low rates of entry and exit, and a high share of inactive or inefficient firms reflecting structural rigidities and high compliance levels.
Sources clarify that the NCLT's approval of a repayment plan for Essel Group founder Subhash Chandra does not signify a 99.97 per cent write-off of Rs 22,000 crore in bank loans, as the figure represents claims against him as a personal guarantor, not debt personally borrowed.
'The Insolvency and Bankruptcy Code is neither beneficial to banks nor helpful for the borrower.' 'Genuine people who are caught in economic stagnation will lose everything and thousands will lose jobs.'
Even though the powers of the board of directors stand suspended once a company's insolvency process begins, it does not absolve the directors from actions taken up to two years earlier.
The Enforcement Directorate (ED) is shifting its focus to emerging financial crimes such as cryptocurrency fraud, terror financing, cyber-enabled crimes, and narcotics trafficking, according to Director Rahul Navin. The agency reported a high conviction rate and significant asset restitution to victims of financial fraud.
In 2009, ArcelorMittal had picked up a stake in Uttam Galva Steels. A new Section 29A of the IBC prohibits promoters of companies with NPAs of more than a year from bidding for these companies.
The Reserve Bank of India (RBI) has mandated that banks must dispose of immovable assets acquired against bad loans within seven years through public auction, effective October 1, 2026, and has also barred their sale back to the original borrower or related parties.
A growing conflict between India's insolvency law and tax rules is creating fresh uncertainty for companies undergoing resolution, with tax authorities increasingly denying the benefit of carrying forward past losses even after resolution plans have been approved by the National Company Law Tribunal (NCLT).
'Resolution plan with this much haircut is totally unviable.'
The National Company Law Tribunal (NCLT) has ordered the initiation of insolvency proceedings against Vishwajeet Jhawar, promoter of Marvel Group, following a petition by APRN Enterprises for outstanding debt.
The Enforcement Directorate (ED) Director, Rahul Navin, has issued directives to intensify action against Insolvency and Bankruptcy Code (IBC) frauds involving "large haircuts" and to address delays in police registering FIRs based on ED's requests. The agency also aims to fast-track high-profile trials under the Prevention of Money Laundering Act (PMLA) and enhance internal coordination and efficiency.
Reliance Infrastructure (Reliance Infra) has submitted a representation to Sebi, NSE, and BSE, seeking a review of the Additional Surveillance Measure (ASM) framework and related trading restrictions on its shares, arguing they adversely impact its 700,000+ public shareholders and hinder fair price discovery.
'In real estate project insolvency, no one size can fit all.'
The initiation of IBC proceedings in respect of a debtor has certain drastic consequences on both day-to-day running of the business of a debtor and on all creditors generally.
The Supreme Court has dismissed an appeal by Byju Raveendran, upholding the NCLAT's decision to reinstate the original Committee of Creditors (CoC) in Think & Learn Private Ltd's insolvency proceedings, which includes Glass Trust Company LLC as a major lender.
The minister said the effort of the government is to 'encourage startups'.
The recent notification by the Insolvency and Bankruptcy Board of India (IBBI) allowing part-resolution of stressed assets of companies under the insolvency process has sent many resolution professionals (RPs) and committees of creditors (CoCs) back to the drawing board to reassess their strategies for resolving corporate insolvencies.
Various stakeholders told the committee that there is a need for expanding judicial capacity or restructuring the adjudicatory process by increasing the number of benches and also enhancing financial allocation for improvement of infrastructure.
