Library Catalogue
Creditor protection vis-à-vis mechanism under the insolvency and bankruptcy code : a critical analysis
Mihir Kunal Ekka
Creditor protection vis-à-vis mechanism under the insolvency and bankruptcy code : a critical analysis - Bangalore Bangalore NLSIU, Bangalore 2019 - 121 p. ; 25 cm.
TABLE OF CONTENTS 1. Introduction; - Corporate Insolvency Defined; - Creditor Protection: Committee of Creditors; 2. Literature Review; 3. Research Design; - Aims and Objectives; - Hypothesis; - Sources of Data; - Research Questions; - Research Methodology; - Scope and Limitations; - Sources of Data; 4. Historical Background; - Cork Committee; - Industrial Sickness: Post-Independence; - Tiwari Committee and the Birth of Sick Industrial Companies Act, 1985; - Deficiencies of SICA; - Time Consuming Process; - Section 22 of the Sick Industrial Companies Act, 1985; - Eradi Committee; - Aftermath of the Eradi Committee Report; - Revival under the Companies Act, 2013; - Birth of the Insolvency and Bankruptcy Code, 2016; 5. Theories Behind Creditor Protection; - Legal Origin and Quality of Law Hypothesis; - Facets of Creditor Protection; - Avoiding Home Country Bias; - Types of Creditor Protection: Debtor Control, Credit Contracts and Insolvency Procedures; - Diverging National Pathways; 6. UNCITRAL's Legislative Guide on Insolvency Law; 7. International Scenario on the Law of Insolvency; - Initiation of Rescue Proceedings; - Moratorium; - Principles Behind Moratorium; - Role of the Administrator; - Powers and Functions of the Company Administrator; - Rehabilitation; - United Kingdom; - Germany; - France; - Financing During Revival Process; 8. Creditor Protection under the Insolvency and Bankruptcy Code, 2016; - Salient Features; - Creditors power under Insolvency and Bankruptcy Code, 2016; - Constitution of Committee of Creditors - Impact on Decision Making; 9. Home buyers: Creditors under Insolvency Law; - Pre-ordinance Position; - Post-ordinance Position; - Home buyers as Financial Creditors; - Representation of Home buyers on the Committee of Creditors; 10. Conclusion; 11. Bibliography; 12. Annexures
Corporate insolvency Insolvency & bankruptcy code Sick industrial companies UNCITRAL model law on cross-border insolvency
Creditor protection vis-à-vis mechanism under the insolvency and bankruptcy code : a critical analysis - Bangalore Bangalore NLSIU, Bangalore 2019 - 121 p. ; 25 cm.
TABLE OF CONTENTS 1. Introduction; - Corporate Insolvency Defined; - Creditor Protection: Committee of Creditors; 2. Literature Review; 3. Research Design; - Aims and Objectives; - Hypothesis; - Sources of Data; - Research Questions; - Research Methodology; - Scope and Limitations; - Sources of Data; 4. Historical Background; - Cork Committee; - Industrial Sickness: Post-Independence; - Tiwari Committee and the Birth of Sick Industrial Companies Act, 1985; - Deficiencies of SICA; - Time Consuming Process; - Section 22 of the Sick Industrial Companies Act, 1985; - Eradi Committee; - Aftermath of the Eradi Committee Report; - Revival under the Companies Act, 2013; - Birth of the Insolvency and Bankruptcy Code, 2016; 5. Theories Behind Creditor Protection; - Legal Origin and Quality of Law Hypothesis; - Facets of Creditor Protection; - Avoiding Home Country Bias; - Types of Creditor Protection: Debtor Control, Credit Contracts and Insolvency Procedures; - Diverging National Pathways; 6. UNCITRAL's Legislative Guide on Insolvency Law; 7. International Scenario on the Law of Insolvency; - Initiation of Rescue Proceedings; - Moratorium; - Principles Behind Moratorium; - Role of the Administrator; - Powers and Functions of the Company Administrator; - Rehabilitation; - United Kingdom; - Germany; - France; - Financing During Revival Process; 8. Creditor Protection under the Insolvency and Bankruptcy Code, 2016; - Salient Features; - Creditors power under Insolvency and Bankruptcy Code, 2016; - Constitution of Committee of Creditors - Impact on Decision Making; 9. Home buyers: Creditors under Insolvency Law; - Pre-ordinance Position; - Post-ordinance Position; - Home buyers as Financial Creditors; - Representation of Home buyers on the Committee of Creditors; 10. Conclusion; 11. Bibliography; 12. Annexures
Corporate insolvency Insolvency & bankruptcy code Sick industrial companies UNCITRAL model law on cross-border insolvency