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US Executive Branch Update – July 26, 2021 - Government, Public Sector
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Memorandum on Delegation of Authority Under Section 1285 of National Defense Authorization Act for Fiscal Year 2020
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Insolvency & Bankruptcy Code, 2016 ( IBC ) is a legislation aimed at timely resolution of an entity ( corporate debtor ) which has defaulted in payment to its creditors (including the statutory authorities). The corporate debtor has to undergo baptism by fire in the form of a Corporate Insolvency Resolution Process ( CIRP ). Once the corporate debtor is admitted into CIRP, it is the duty of the resolution professional to collate all the outstanding claims from all classes of creditors against the corporate debtors. It is only once all such claims have been crystallised, that the IBC allows for interested parties ( resolution applicant ) to submit their respective resolution plans which include the treatment of the aforesaid claims. These plans are then put to vote before the body of financial creditors ( Committee of Creditors / CoC ) who then vote for the most commercially viable resolution plan. The successful resolution plan then carries through the
A Bench comprising of
Navin Sinha and
KM Joseph observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code.
Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in a decree from a suit would be covered, the bench headed by Justice RF Nariman observed in the judgment titled P Mohanraj & Ors. v. M/s Shah Brothers Ispat Ltd.
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