Pre-packaged insolvency termination permits closure on application or creditor approval, while preserving avoidance and related proceedings. Termination of the pre-packaged insolvency resolution process is mandated on application by the resolution professional or on the committee of creditors' decision, approved by sixty-six per cent of voting shares, before approval of the resolution plan. The Adjudicating Authority must terminate the process, provide for continuation of pending avoidance proceedings and proceedings under sections 66 and 67A, and require the corporate debtor to bear pre-packaged insolvency resolution process costs, if any. Where liquidation has already been ordered in the specified cases, those costs become part of the liquidation costs.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Pre-packaged insolvency termination permits closure on application or creditor approval, while preserving avoidance and related proceedings.
Termination of the pre-packaged insolvency resolution process is mandated on application by the resolution professional or on the committee of creditors' decision, approved by sixty-six per cent of voting shares, before approval of the resolution plan. The Adjudicating Authority must terminate the process, provide for continuation of pending avoidance proceedings and proceedings under sections 66 and 67A, and require the corporate debtor to bear pre-packaged insolvency resolution process costs, if any. Where liquidation has already been ordered in the specified cases, those costs become part of the liquidation costs.
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