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Regulation 38(3)(a) requires a resolution plan to identify and address the cause of default; merely describing losses, lack of turnover and excess liabilities does not satisfy that mandatory requirement. Non-compliance also breaches the statutory plan-scrutiny requirement and can justify rejection despite CoC approval. Protection for dissenting financial creditors extends to their minimum liquidation entitlement, not to a requirement that total plan value equal liquidation value. Investigation into the corporate debtor's affairs may be sustained where debt assignments during CIRP, voting control and plan deficiencies warrant inquiry. Premature limits on an assignee's distributable share should be removed pending investigation. Rectification or CIRP restoration before liquidation remains discretionary where defects are substantive rather than minor.
Regulation 38(3)(a) requires a resolution plan to identify and address the cause of default; merely describing losses, lack of turnover and excess liabilities does not satisfy that mandatory requirement. Non-compliance also breaches the statutory plan-scrutiny requirement and can justify rejection despite CoC approval. Protection for dissenting financial creditors extends to their minimum liquidation entitlement, not to a requirement that total plan value equal liquidation value. Investigation into the corporate debtor's affairs may be sustained where debt assignments during CIRP, voting control and plan deficiencies warrant inquiry. Premature limits on an assignee's distributable share should be removed pending investigation. Rectification or CIRP restoration before liquidation remains discretionary where defects are substantive rather than minor.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4935 
