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The Debtor-in-Charge Problem: Why Creditor Led Resolution Process' Cooperation Paradox Could Undermine IBC Amendment 2025
The IBC Amendment Bill 2025 introduces the Creditor-Led Resolution Process, marking India's first genuine experiment with debtor-in-possession insolvency. On paper, it looks elegant. Let existing management continue running operations while creditors supervise through a resolution professional. The problem? The entire framework rests on an assumption that might not survive contact with reality.
SD Partners
Oct 139 min read
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The Problem That Wasn't Really Fixed: Entitlement of Dissenting Financial Creditors under Proposed IBC Amendments 2025
The IBC Amendment Bill 2025 introduces a puzzling "lower of" formula for dissenting financial creditors that may solve nothing while creating new problems. Analysis of the proposed changes and their impact on India's insolvency law.
Shweta Dubey
Sep 127 min read
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CCI Approval Timing in IBC Amendment Bill: A Well-Intentioned Amendment That Could Backfire
The Government has proposed a significant change to how competition approvals work in insolvency cases through the IBC Amendment Bill,...
Shweta Dubey
Sep 35 min read
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Major Update: Government of India Revises MSME Thresholds
MSME thresholds have been revised. This article discusses the new thresholds.
SD Partners
Mar 261 min read
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NCLT Dismisses Insolvency Proceedings Against Personal Guarantor of MBL Infrastructure Ltd.: A Landmark Decision
In a milestone order, the National Company Law Tribunal (NCLT), New Delhi Bench-III, dismissed insolvency resolution proceedings against...
SD Partners
Feb 143 min read
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Bhadreshwar Vidyut Insolvency: NCLT Chennai Sets New Precedent in Fair Play and Bidding Rules
In the recent order of NCLT Chennai in Bhadreshwar Vidyut Private Limited (IA(IBC)/419(CHE)/2024 in CP(IB)/106/CHE/2021), the NCLT has...
SD Partners
Jan 183 min read
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"Terrorist Act" under Section 113 of the Bharatiya Nyaya Sanhita, 2023
Terrorism is a major global challenge, and India has faced its destructive effects. In response, Section 113 of the Bharatiya Nyaya...
SD Partners
Sep 20, 20243 min read
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OLD CRIMINAL CODES V/S NEW CRIMINAL CODES: A BRIEF OVERVIEW
On July 1, 2024, India ushered in a new era for its criminal justice system with the enactment of comprehensive legislative reforms. The...
SD Partners
Sep 8, 20249 min read
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Understanding Organized Crime Under the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 (BNS), marks a significant overhaul in India's criminal law framework, replacing the long-standing...
SD Partners
Sep 6, 202410 min read
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SD Partners Strengthens White-Collar Crime Defense with Sankalp Sharma
We're excited to welcome Sankalp Sharma as a new Partner at SD Partners. Sankalp has over ten years of impressive legal experience,...
Shweta Dubey
Aug 16, 20241 min read
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Welcome To SD Partners
Hey there, and welcome to SD Partners! We are super excited to kick off this blog as a way to stay connected with you and share some of...
SD Partners
May 14, 20241 min read
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