Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
TReDS reverse-factoring receivables remain operational debt where a bank pays suppliers against discounted invoices and receives assigned pre-existing trade receivables; no funds are disbursed to the corporate debtor against time value of money. Invoice discounts and delayed-payment charges compensate early realisation rather than create an independent loan, and assignment does not change the debt's operational character. A creditor directed to file its claim as operational debt cannot rely on an incorrect-category filing after declining timely submission in the prescribed form. An approved and implemented resolution plan is binding and cannot ordinarily be reopened beyond limited statutory appeal grounds, preventing relief that would disturb completed resolution.
TReDS reverse-factoring receivables remain operational debt where a bank pays suppliers against discounted invoices and receives assigned pre-existing trade receivables; no funds are disbursed to the corporate debtor against time value of money. Invoice discounts and delayed-payment charges compensate early realisation rather than create an independent loan, and assignment does not change the debt's operational character. A creditor directed to file its claim as operational debt cannot rely on an incorrect-category filing after declining timely submission in the prescribed form. An approved and implemented resolution plan is binding and cannot ordinarily be reopened beyond limited statutory appeal grounds, preventing relief that would disturb completed resolution.
Note: It is a system-generated summary and is for quick reference only.