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    December 17, 2019   Case LawsInsolvency and Bankruptcy
    Court Allows Corporate Debtor GST Portal Access for Post-CIRP Returns Without Paying Past Dues.
    December 13, 2019   Case LawsInsolvency and Bankruptcy
    Sales Tax Department Challenges Resolution Plan in Insolvency Case, Argues Claims Differ from ESIC and Provident Fund Contributions.
    December 7, 2019   Case LawsInsolvency and Bankruptcy
    Insolvency Proceedings Closed: No Default Proven by Corporate Debtor on Petition Date per Section 7. Affidavit and Bank Certificate Insufficient.
    December 7, 2019   Case LawsInsolvency and Bankruptcy
    Resolution Plan Validity Hinges on Compliance with Section 79 of Income Tax Act in CIRP Process.
    December 7, 2019   Case LawsInsolvency and Bankruptcy
    Liquidation order deemed ineffective as ROC software rejects Form INC-28 for "struck off" companies; misuse of resources.
    December 6, 2019   Case LawsInsolvency and Bankruptcy
    Court Rejects Plaintiff's Suit Filed During Moratorium; Legal Bar Assessed Solely on Plaint's Averments.
    December 5, 2019   Case LawsInsolvency and Bankruptcy
    High Court's Role Under Article 226/227 in NCLT Orders: When Intervention is Justified Despite Appeal Options.
    December 4, 2019   Case LawsInsolvency and Bankruptcy
    CIRP Withdrawal Allowed: Adjudicating Authority Must Approve if 90% of Creditors Agree Under IBC Sections 7, 9, or 10.
    December 3, 2019   Case LawsInsolvency and Bankruptcy
    Customs Barred from Auctioning Cargo During CIRP Moratorium Under Insolvency and Bankruptcy Code to Protect Debtor's Assets.
    November 29, 2019   Case LawsInsolvency and Bankruptcy
    High Court Halts Auction of Corporate Debtor's Property; Parallel Proceedings Barred under Insolvency and Bankruptcy Code.
    November 27, 2019   Case LawsInsolvency and Bankruptcy
    Personal Guarantors Cannot Escape Liability Under Insolvency Code 2016; Section 14 Inapplicable to Them.
    November 21, 2019   NotificationsInsolvency and Bankruptcy
    India Updates Bankruptcy Process for Personal Guarantors to Corporate Debtors, 2019 Regulations Streamline Insolvency Proceedings.
    November 21, 2019   NotificationsInsolvency and Bankruptcy
    India's 2019 Regulations Set Framework for Insolvency Resolution of Personal Guarantors to Corporate Debtors, Streamlining Processes.
    November 19, 2019   Case LawsInsolvency and Bankruptcy
    MCGM's Development Plans for Public Health Amenities Face Challenges from SevenHills Landowner's Resolution Plan Under MMC Act.
    November 19, 2019   Case LawsInsolvency and Bankruptcy
    Dutch Trustee Equal to Indian Resolution Professional in Cross-Border Insolvency; Entitled to Attend Creditors' Meetings.
    November 16, 2019   Case LawsInsolvency and Bankruptcy
    Resolution Applicants Shouldn't Face New Claims Post-Approval in CIRP; Avoid "Hydra Head" Disruptions in Business Takeovers.
    November 16, 2019   Case LawsInsolvency and Bankruptcy
    Equality in Insolvency: Secured vs. Unsecured Creditors Must Be Treated Fairly but Not Identically.
    November 14, 2019   Case LawsInsolvency and Bankruptcy
    Lease Rent Non-Payment Not "Operational Debt" u/s 5(21) of Insolvency and Bankruptcy Code 2016.
    November 7, 2019   Case LawsInsolvency and Bankruptcy
    Forensic Audit Uncovers Fraudulent Transactions; SFIO to Investigate Company for Defrauding Creditors, Personal Assets Attached.
    November 7, 2019   Case LawsInsolvency and Bankruptcy
    NCLT and Adjudicating Authority Maintain Distinct Jurisdictions Under Insolvency and Bankruptcy Framework; Powers Remain Unchanged.
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    Highlights
    All› IBC - Insolvency and Bankruptcy › IBC - Insolvency and Bankruptcy - 2019
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    December 17, 2019   Case Laws Insolvency and Bankruptcy
    Court Allows Corporate Debtor GST Portal Access for Post-CIRP Returns Without Paying Past Dues.
    December 13, 2019   Case Laws Insolvency and Bankruptcy
    Sales Tax Department Challenges Resolution Plan in Insolvency Case, Argues Claims Differ from ESIC and Provident Fund Contributions.
    December 7, 2019   Case Laws Insolvency and Bankruptcy
    Insolvency Proceedings Closed: No Default Proven by Corporate Debtor on Petition Date per Section 7. Affidavit and Bank Certificate Insufficient.
    December 7, 2019   Case Laws Insolvency and Bankruptcy
    Resolution Plan Validity Hinges on Compliance with Section 79 of Income Tax Act in CIRP Process.
    December 7, 2019   Case Laws Insolvency and Bankruptcy
    Liquidation order deemed ineffective as ROC software rejects Form INC-28 for "struck off" companies; misuse of resources.
    December 6, 2019   Case Laws Insolvency and Bankruptcy
    Court Rejects Plaintiff's Suit Filed During Moratorium; Legal Bar Assessed Solely on Plaint's Averments.
    December 5, 2019   Case Laws Insolvency and Bankruptcy
    High Court's Role Under Article 226/227 in NCLT Orders: When Intervention is Justified Despite Appeal Options.
    December 4, 2019   Case Laws Insolvency and Bankruptcy
    CIRP Withdrawal Allowed: Adjudicating Authority Must Approve if 90% of Creditors Agree Under IBC Sections 7, 9, or 10.
    December 3, 2019   Case Laws Insolvency and Bankruptcy
    Customs Barred from Auctioning Cargo During CIRP Moratorium Under Insolvency and Bankruptcy Code to Protect Debtor's Assets.
    November 29, 2019   Case Laws Insolvency and Bankruptcy
    High Court Halts Auction of Corporate Debtor's Property; Parallel Proceedings Barred under Insolvency and Bankruptcy Code.
    November 27, 2019   Case Laws Insolvency and Bankruptcy
    Personal Guarantors Cannot Escape Liability Under Insolvency Code 2016; Section 14 Inapplicable to Them.
    November 21, 2019   Notifications Insolvency and Bankruptcy
    India Updates Bankruptcy Process for Personal Guarantors to Corporate Debtors, 2019 Regulations Streamline Insolvency Proceedings.
    November 21, 2019   Notifications Insolvency and Bankruptcy
    India's 2019 Regulations Set Framework for Insolvency Resolution of Personal Guarantors to Corporate Debtors, Streamlining Processes.
    November 19, 2019   Case Laws Insolvency and Bankruptcy
    MCGM's Development Plans for Public Health Amenities Face Challenges from SevenHills Landowner's Resolution Plan Under MMC Act.
    November 19, 2019   Case Laws Insolvency and Bankruptcy
    Dutch Trustee Equal to Indian Resolution Professional in Cross-Border Insolvency; Entitled to Attend Creditors' Meetings.
    November 16, 2019   Case Laws Insolvency and Bankruptcy
    Resolution Applicants Shouldn't Face New Claims Post-Approval in CIRP; Avoid "Hydra Head" Disruptions in Business Takeovers.
    November 16, 2019   Case Laws Insolvency and Bankruptcy
    Equality in Insolvency: Secured vs. Unsecured Creditors Must Be Treated Fairly but Not Identically.
    November 14, 2019   Case Laws Insolvency and Bankruptcy
    Lease Rent Non-Payment Not "Operational Debt" u/s 5(21) of Insolvency and Bankruptcy Code 2016.
    November 7, 2019   Case Laws Insolvency and Bankruptcy
    Forensic Audit Uncovers Fraudulent Transactions; SFIO to Investigate Company for Defrauding Creditors, Personal Assets Attached.
    November 7, 2019   Case Laws Insolvency and Bankruptcy
    NCLT and Adjudicating Authority Maintain Distinct Jurisdictions Under Insolvency and Bankruptcy Framework; Powers Remain Unchanged.

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    All› IBC - Insolvency and Bankruptcy › IBC - Insolvency and Bankruptcy - 2019
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      Insolvency and Bankruptcy

      Maintainability of application - initiation of CIRP - scope of...

      Lease Rent Non-Payment Not "Operational Debt" u/s 5(21) of Insolvency and Bankruptcy Code 2016.

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      Insolvency and BankruptcyNovember 14, 2019Case LawsTri
      Maintainability of application - initiation of CIRP - scope of the term goods or services under the code - The debt arising out of non-payment of lease rent does not fall under the definition of “operational debt” as defined u/s 5(21) of the Code of 2016 (even though it may otherwise be a debt).
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