Insolvency & Bankruptcy Code

Insolvency is a state of financial distress in which a business or person is unable to pay their bills. It can lead to insolvency proceedings, in which legal action will be taken against insolvent person or entity, and assets may be liquidated to pay off outstanding debts. Whereas, Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
Bankrupt is not the only legal status that an insolvent person may have, and the term bankruptcy is therefore not a synonym for insolvency. Bankruptcy usually refers to Balance-sheet Insolvency wherein a person or company does not have enough assets to pay of all their debts. There could also be a Cash-flow insolvency wherein a person or company has enough assets to pay what is owed, but does not have enough liquid assets to pay a debt when it falls due.
The Insolvency and Bankruptcy Code, 2016 (IBC) is the bankruptcy law of India which seeks to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.
IBC is a major legal reform to speed up resolution of stressed assets in India and is applicable to Individuals, Partnerships, LLPs and Corporates. Authority decides insolvency application within 180 days and can also fast track process of 90 days extension available for specified entities. The Adjudicating Authority for Corporates is NCLT, for Individuals and Partnership firm it is DRT (Debt Recovery Tribunals) under the SARFAESI (The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest) Act, 2002 and the RDB (The Recovery of Debts and Bankruptcy) Act, 1993. This books covers the Global Insolvency and Bankruptcy Norms, the Indian Code and focusses its impact on the Indian Real Estate Sector.

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