The Insolvency and Bankruptcy Code (IBC), brought forth in 2016 was proposed as a one-stop solution for efficiently resolving claims regarding insolvent companies and to combat the bad loan problem that encumbers banks and other financial institutions. With around 255 sections and 11 schedules, IBC aims to circumvent the long and tedious process that usually entails insolvency and provide for a speedy, time-bound, and viable economic disposition and ensure the interests of small investors are protected. This happens by shifting the control of company affairs from the company board or promoters to a competent resolution professional. Per this law, the insolvency process needs to be completed within 180 days, with a one-time extension of 90 days possible with the permission of the creditors. The provisions of this act apply to any company, Limited Liability Partnership, Partnership firms, and Individuals, with the exception of financial service providers like banks, insurance companies, or more. The code is applicable only when the minimum default amount is Rs 1 lakh. For companies who record an annual turnover of Rs 1 crore, the entire exercise must be completed within 90 days, with a single-time deadline extension of 45 days. Under IBC, the adjudication authorities include the National Company Law Appellate Tribunal and the Debt Recovery Tribunal. More
The CIIRP will be different from the corporate insolvency resolution process CIRP, which comes into effect after the National Company Law Tribunal (NCLT) passes an order to initiate insolvency proceedings against a bankrupt company.
If allegations regarding stamp duty are upheld, potential liabilities for ArcelorMittal Nippon Steel India could run into thousands of crores, factoring in both duty and penalties.
The IBC Amendment Bill 2025 proposes major reforms to expedite insolvency resolution and empower creditors, but its success hinges on strengthening the NCLT’s capacity and addressing persistent institutional shortcomings
Nearly a decade of insolvency law’s operation has shown that there are loopholes in its design which limit its potential benefit. The recently introduced amendment bill seeks to resolves key jurisprudential conflicts, streamline procedures, and empower creditors
The underlying principle of IBC is that quick resolutions are more likely to preserve value in firms going through an insolvency process. The track record, however, is of timelines being breached frequently. The amendment bill tries to find a solution to delays and simultaneously empower creditors
The bill extends the role of the committee of creditors to liquidation process as well, which was earlier restricted to resolution alone. It also proposes to now allow creditors to include assets belonging to corporate or personal guarantors as part of ongoing insolvency process.
The IBC and new RBI frameworks are transforming India’s distressed asset market, improving transparency, recovery rates, and investor confidence, while regulatory reforms and strategic partnerships create growing opportunities for global private equity participation
The comments by the apex court bench brought relief to stakeholders of JSW Steel, with the shares of JSW Steel at the day's high soon after the hearing commenced.
Under the resolution plan, the consortium will pay various creditors a total of Rs 919 crore, although the amount may rise.
As of March 2025, the average time for a bankruptcy case from commencement date to approval of resolution plan was a whopping 865 days.
Experts say a multi-pronged approach such as strengthening enforcement against non-cooperating promoters, improving coordination among statutory authorities, etc, is required to ensure that the mandatory timeline is not violated.
The verdict had triggered questions over whether the court's ruling casts a shadow over the broader insolvency regime, which has been a centrepiece of India’s economic reform since its enactment in 2016.
Tribunal asks JSW, lenders to present concrete steps by May 26 to comply with Supreme Court's directions on resolution plan reversal
Experts said in order to simplify and consolidate the regulations - which could lead to faster completion of CIRP - the IBBI should club regulations pertaining to administrative matters.
The IBC amendment Bill is likely to introduce group insolvency and cross-border insolvency, as well as the creditor-led resolution process (CLRP) framework, in order to enable out-of-court settlement for large companies.
Recovery rate from IBC deals kept falling as delayed resolutions proved costly.
If Parliament actually intended to prevent one creditor from filing an application with an intent to defraud other creditors, then a new sub-section has to be added which clearly stipulates the consequences of such an application. Parliament has to step in to rectify the error which persists
Speaking at the eighth annual day of the IBBI, Nageswaran said, "The next step for IBC reform is to improve operational efficiencies, to speed up the resolution process..."
The recoveries under IBC stand at 31-32 percent of the admitted claims
The recovery track record of banks in the insolvency process has been poor. Losses incurred in corporate lending imply big sacrifices made by shareholders.
The challenge of business recovery lies in balancing regulatory protections with realistic opportunities for revival. It is important to recognise that not all distressed companies are beyond repair, and not all promoters are incapable of restoring their businesses to health. One potential solution is to implement a tiered system within IBC’s Section 29A that allows for exceptions based on the promoter's past performance/conduct in business and their proposed resolution plan
In the Budget, FM Nirmala Sitharaman announced a slew of measures to make the IBC process faster. That’s great news to de-clog the system, provided execution is proper
Tech platform under IBC may enhance effectiveness and quick handling of cases,On February 25, 2015, in the Union Budget 2015-16, the then Finance Minister Arun Jaitley announced the formation of a comprehensive bankruptcy code of global standards. Further, Jaitley introduced the Insolvency and Bankruptcy Code, 2015, in the sixteenth Lok Sabha. say experts.
The IBC has dissolved more than 1000 companies, resulting in direct recovery of Rs 3.3 lakh crore, FM Sitharaman added.
The decriminalisation of these Acts is likely to be a part of Jan Vishwas Bill II. The next edition of the Jan Vishwas Bill is likely to decriminalise a total of over 100 provisions in various Acts, including the Income-Tax Act.