India: Financial Restructuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Artificial Intelligence, Judicial Integrity, and The Rule Of Law
The Supreme Court of India has delivered a landmark ruling addressing the growing threat of AI-generated fabricated legal precedents in judicial proceedings. In Pooja Ramesh Singh v. Jammu and Kashmir Bank Ltd., the Court established a zero-tolerance policy toward hallucinated case law, setting aside tribunal orders that relied on non-existent judgments while establishing comprehensive guidelines for the responsible use of artificial intelligence in the legal profession.
India Insolvency
IL
IndiaLaw LLP
Article
Closing The Interim Stay Trap: How The 2026 IBC Amendment Has Rebalanced Personal Guarantor Risk
The 2026 IBC amendments have fundamentally altered the dynamics of personal guarantor insolvency proceedings by eliminating automatic interim stays. What was once a powerful tool for promoters to halt recovery actions through a simple filing now requires substantive judicial scrutiny, shifting the balance of power back toward creditors and forcing lenders to reassess their enforcement strategies across multiple forums.
India Insolvency
AA
Agama Law Associates
Article
Conundrum Of Committee Of Creditors Vis-à-vis Section 29A And Section 30(5) Of Insolvency And Bankruptcy Code, 2016
The Insolvency and Bankruptcy Code has witnessed extensive stakeholder participation and disputes over control of Corporate Debtors, particularly regarding Committee of Creditors membership and resolution plan submissions. This analysis examines how unscrupulous stakeholders exploit legislative gaps between Section 29A's ineligibility criteria and Section 30(5)'s voting provisions, allowing them to manipulate the insolvency resolution process through strategic debt acquisition and conflict-of-interest
India Insolvency
HS
Hammurabi & Solomon
Article
Insolvency And Stressed Infrastructure Assets In India: Opportunities, Risks And Resolution Trends In 2026
India’s infrastructure story has long been associated with ambition, mega highways, renewable energy parks, airports, logistics corridors, smart cities, data centres and urban transformation projects. Over the last two decades, billions of dollars have flowed into the sector from banks, institutional lenders, sovereign wealth funds, infrastructure funds and global investors eager to participate in India’s growth trajectory.
India Insolvency
KS
King, Stubb & Kasiva
Article
The Supreme Court Of India Upholds Inclusion Of Subsidiary Assets In Resolution Plans Through Lifting Of The Corporate Veil
By way of the Impugned Order, the NCLAT had set aside the National Company Law Tribunal’s (“NCLT”) approval of 3 (three) project-wise resolution plans of Earth Infrastructures Limited (“CD”). The NCLAT held that the said plans erroneously included the assets of the CD’s subsidiaries, without seeking permission for transfer from GNIDA, being the principal lessor/owner of the said assets.
India Insolvency
J
JSA
Article
National Company Law Appellate Tribunal Clarifies Financial Creditor Status In Third-party Mortgage Transactions Under The Insolvency And Bankruptcy Code, 2016
The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), In the case of Vistra ITCL (India) Limited vs. Vithal Madhukar Dahake and Ors.1, has considered whether a third-party mortgagor, which created security over its assets for the debt of another entity, could be treated as giving rise to a ‘financial debt’ under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The appeal arose from an order of the National Company Law Tribunal, Mumbai (“NCLT”).
India Insolvency
J
JSA
Article
Corporate Guarantees Giving Rise To Liability For Repayment Of Money Borrowed Constitute ‘financial Debt’ – Technical Lapses Are Immaterial
The Supreme Court recently examined whether corporate guarantees executed during financial distress can constitute 'financial debt' under the Insolvency and Bankruptcy Code, 2016. The case arose when SBI Consortium's claims as financial creditors were challenged on grounds including suspicious timing, non-disclosure in financial statements, and insufficient stamping.
India Insolvency
LS
Lakshmikumaran & Sridharan
Article
Supreme Court Clarifies Taxability Of Share Substitution In Amalgamations: Role Of Commercial Realisability
In recent years, corporate India has witnessed an increasing number of amalgamations, group consolidations, and share-swap mergers driven by restructuring, capital efficiency, and regulatory considerations. Such transactions are often designed on the assumption that share-for-share exchanges are tax neutral, particularly where no cash changes hands.
India Tax
HS
Hammurabi & Solomon
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