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Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?
(Indian Institute of Management Ahmedabad, 2020-05-08)
In July 2019, the Competition Law Review Committee Report had recommended that Insolvency Resolution Plans (IRP) which result in combinations should be green-channelled. This would mean that IRP combinations would be ...
Auditors’ negligence and professional misconduct in India: a struggle for a consistent legal standard
(Indian Institute of Management Ahmedabad, 2020-01-09)
Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross ...
Pre-packs in the Indian insolvency regime
(Indian Institute of Management Ahmedabad, 2020-08-03)
Pre-packaging allows a distressed company to negotiate a plan with its creditors and a purchaser before entering formal insolvency proceedings. By allowing the terms of a plan to be negotiated before formal proceedings, ...
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 ...
Insolvency set offs in India: a comparative perspective
(Indian Institute of Management Ahmedabad, 2021-06-01)
The overarching objective of the Insolvency and Bankruptcy Code, 2016 (IBC) is to foster rescue culture in India and facilitate the reorganization, restoration and resolution of the corporate debtor rather than its ...