Joint application maintainability under IBC: interconnected real estate defaults can meet allottee threshold despite limitation objections. Maintainability of a joint application under the Insolvency and Bankruptcy Code is supported where separate corporate participants in a real estate ... Summary
Joint application maintainability under IBC: interconnected real estate defaults can meet allottee threshold despite limitation objections.
Maintainability of a joint application under the Insolvency and Bankruptcy Code is supported where separate corporate participants in a real estate project have interconnected obligations, allowing joinder in a single filing. The creditor threshold for initiating insolvency by allottees can include claims affected by limitation when the default is a continuous breach, producing a continuing cause of action under the Limitation Act and thereby supporting counting such claims toward the allottee threshold.
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