Bankruptcy Laws
Insolvency is a financial malaise that afflicts the economy and society. Law has to effectively deal with this malaise. Indian Parliament has repealed the laws dealing with insolvency and bankruptcy and passed the Insolvency and Bankruptcy Code, 2016(IBC) to consolidate the laws relating to insolvency and bankruptcy of corporate persons, individuals and corporate firms and to expedite resolutions with maximization of the value of assets. The objective of this course is to teach and learn IBC in depth. This course will include the study of the historical background of IBC, aims and objectives of IBC, the role, powers and functions of Insolvency Bankruptcy Board of India, provisions of IBC as to corporate persons, Limited Liability Partnership firms, i
University of Mumbai · B.L.S. Semester 8 · 4 modules · 32 topics · 32 written.
Module 1 — Module 1
- 1.1 Historical background and constitutional allocation of the subject of insolvency and bankruptcy
- 1.2 Preliminary under IBC
- 1.3 Short title, extent and commencement of IBC
- 1.4 Application of IBC
- 1.5 Definitions under IBC
- 1.6 MISCELLANEOUS
- 1.7 Insolvency and Bankruptcy Fund
- 1.8 Power of Central Government
- 1.9 Bar of jurisdiction
- 1.10 Protection of action taken in good faith
- 1.11 Appeal and revision
- 1.12 IBC to override other laws
- 1.13 Limitation
Module 2 — Module 2
Module 3 — Module 3
- 3.1 Fresh Start process for individuals and partnership firms
- 3.2 Insolvency resolution process for individuals and partnership firms
- 3.3 Bankruptcy order in respect of individuals and partnership firms
- 3.4 Administration and Distribution of assets of the Bankrupt
- 3.5 Adjudicating authorities and appellate authorities
- 3.6 Offences and Penalties under Part III of IBC