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SHIFT IN TREATMENT OF PERSONAL GUARANTOR ASSETS UNDER IBC (AMENDMENT) 2025
The post, the Winning Entry of the 6th RFMLR Freshers' Article Writing Competition, 2025 , is authored by Nirav Maini , first-year student of B.A. LL.B (Hons.) at the Rajiv Gandhi National University of Law , Punjab . INTRODUCTION The Insolvency and Bankruptcy Code (Amendment) Bill, 2025 (“ The Bill ”) introduces a drastic change, a new Section 28A that allows secured creditors to fold a corporate debtor’s guarantor assets into the debtor’s insolvency estate. Traditionally,
FROM FRESH START TO FREE PASS? A CRITICAL APPRAISAL OF SECTION 32A IBC AND ITS IMPLICATIONS FOR CORPORATE ACCOUNTABILITY
This post is authored by Akshit Dwivedi, a 2nd-year B.A. LL.B. (Hons.) student at Hidayatuallah National Law University, Raipur INTRODUCTION IBC’s law is based on the two primary objectives of making the maximum value available to creditors and, at the same time, encouraging the revival of the companies that are in distress. In light of this, the introduction of Section 32A in 2019 represented a major shift: a corporate debtor is entitled to statutory immunity from of
SECTION 28(3) AND THE LAW OF PLEADINGS: FINDING THE EQUILIBRIUM IN ARBITRAL ADJUDICATION
This post is authored by Yajur Sood, independent legal practitioner, practicing before the Punjab and Haryana High Court. INTRODUCTION Arbitration, as a dispute resolution mechanism, is anchored in the principles of party autonomy as well as procedural fairness . In an arbitration, the parties set out the dispute before the arbitrator through their pleadings and by adducing evidence. The arbitrator, like in any other civil proceeding, adjudicates applying the standard of pro
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