Insolvency & Bankruptcy Laws

Unit I — Introduction

Historical perspectives of insolvency, bankruptcy and the laws · Need for the Insolvency and Bankruptcy Code 2016 · Objects of the Code · 4, Applicability of the Code · Definitions of the terms: claim, charge, corporate person, corporate services, creditor, debt, default, financial information, financial institution product, financial service, financial sector regulator, insolvency profession property, security interest · Concepts of Insolvency and Bankruptcy, Debtors and Creditors

• Historical background and constitutional allocation of the subject of insolvency and bankruptcy
• Preliminary under IBC
• Short title, extent and commencement of IBC
• Application of IBC
• Definitions under IBC

Unit II — Insolvency Resolution and Bankruptcy for Individuals and Partnership

Firm · Insolvency resolution process a, Bankruptcy order for individuals and partnership firms · Administration and distribution of the estate of the · Insolvency Resolution and Liquidation Process for Corporate Persons · Corporate insolvency resolution process · Liquidation process · Fast track insolvency resolution process

• Fresh Start process for individuals and partnership firms
• Insolvency resolution process for individuals and partnership firms
• Bankruptcy order in respect of individuals and partnership firms
• Administration and Distribution of assets of the Bankrupt
• CIRP
• Fast track CIRP
• Liquidation Process

Unit III — Authorities under the Code: Adjudicative Authorities

The Insolvency and Bankruptcy Board of India · Powers and functions of the Board · Insolvency professional agencies · Information utilities · Inspection and investigation · Adjudicating authority under the code · for corporate persons · for Individuals & Partnership firms · Appeal · Insolvency & Bankruptcy vis-a-vis to the Companies Act 2013 · The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 · The Recovery of Debts Due to Banks and Financial Institutions Act, 1993

• IBBI
• Insolvency Professional Agencies
• Information Utilities
• Adjudicating Authorities and Appellate Authorities
• Adjudicating authorities and appellate authorities
• Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI)
• Powers and functions of Debt Recovery Tribunal and Debt Recovery Appellate

Unit IV — Offences and Penalties for Contravention of the Provisions of the Code

By the debtor · By the creditor · By the bankrupt

• Offences and Penalties
• Offences and Penalties under Part III of IBC

Unit V — Cross Border Insolvency

UNCITRAL Model Law on Cross Border Insolvency · 2 World Bank Principles for Effective Insolvency and Creditor Rights · Asian Development Bank Principles of Corporate Rescue and Rehabilitation yy Fate