When CIRP Does Not Put Every Project Dispute on Hold

By Nitin Jain There’s a common misconception in company restructuring. It is that an insolvency moratorium protects everyone associated with a distressed company. In reality, the statutory protection applies to the corporate entity undergoing insolvency. Connected individuals and business partners may remain exposed to separate proceedings and personal liability. Promoters, directors, personal guarantors, project entities... Continue Reading →

High-Stakes IBC Recovery: Coordinating Section 95 Actions against Personal Guarantors with Parallel Debt Recovery Strategies

By: Nitin Jain Lenders increasingly evaluate recovery across every available layer of credit support rather than treating corporate insolvency as a standalone proceeding. A default is no longer assessed only against the borrower’s assets, security package or restructuring prospects; it is measured by the speed and effectiveness with which multiple recovery mechanisms can be coordinated.... Continue Reading →

When Your Claim Is Rejected in Someone Else’s Insolvency

By Nitin Jain Introduction Parliament passed amendments to the Insolvency and Bankruptcy Code last week. The headlines focused on faster timelines, a new creditor-initiated framework, and long-overdue provisions on group insolvency. For a particular category of business - mid-market companies carrying meaningful receivables exposure to a customer or counterparty, what matters most in those amendments... Continue Reading →

What IBBI’s New CoC Standards Mean for Your Next Funding Round?

By Nitin Jain The Insolvency and Bankruptcy Board of India recently issued guidelines asking Committees of Creditors to document their recovery expectations more formally. If you're a CFO or finance leader at a growth-stage company that has participated in resolution proceedings either as a creditor or as an interested party then this shift matters, especially... Continue Reading →

From Liquidation to Litigation: What Happens When a Resolution Plan Collapses?

By Nitin Jain, Partner, Agama Law Associates In the fallout of the Supreme Court’s Bhushan Steel ruling, a quiet anxiety has gripped resolution applicants, creditors, and legal counsel alike. If an approved resolution plan can be quashed years later even post-CoC greenlight, NCLT nod, and partial implementation, what legal avenues truly remain open to stakeholders... Continue Reading →

After the Resolution Plan: When “Final” Isn’t Final in Indian Insolvency

By Nitin Jain | Partner | Agama Law Associates The New IBC Reality Check For years, the finality of resolution plans under the IBC was considered sacrosanct. Once the NCLT approved a plan, stakeholders exhaled - or so they thought. The Supreme Court’s verdict in MCC PTA India vs. JSW Steel has shaken that assumption... Continue Reading →

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