May 11, 2020
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Avoidance transactions obligations require RPs and liquidators to identify, analyse and apply to recover preferential transfers for the estate.
Resolution professionals and liquidators must identify and pursue avoidance transactions-preferential, undervalued, extortionate and fraudulent-by forming an opinion, making determinations, and filing applications with the Adjudicating Authority to claw back value for the estate. The Supreme Court prescribed a structured retrospective review of transactions up to two years before the insolvency commencement date, categorisation of counterparties, narrowing of review windows for unrelated parties, and distinct enquiries for preferential versus undervalued or fraudulent transfers.