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Section 29A of India’s insolvency and bankruptcy code: an instance of hard cases making bad law?
(Indian Institute of Management Ahmedabad, 2021-07-01)
The Insolvency and Bankruptcy Code, 2016 offers a second chance to a distressed corporation but not its incumbent management. Section 29A of the IBC excludes promoters and the incumbent management of corporations with ...
Tracing director liability framework during borderline insolvency & corporate failure in India
(Indian Institute of Management Ahmedabad, 2021-08-02)
The life of a company depends upon the fine balance between its management led by Board of Directors and shareholder, and non-shareholder constituencies acting as the risk bearers. The Board of Directors therefore are ...
Intellectual property licenses in cross-border insolvency: lessons from In Re Qimonda
(Indian Institute of Management Ahmedabad, 2021-11-05)
Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the work in progress Code is now in the process of adopting the Cross-Border insolvency, which was omitted ...