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Guarantors may be vulnerable to pandemic default risks

The government recognised the economic impact of covid-19 on businesses by enacting the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020. The ordinance, among other measures, inserted section 10A into the Insolvency and Bankruptcy Code, 2016, which suspends for six months the operation of sections 7, 9 and 10, the sections triggering insolvency proceedings, in respect …

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Decree holders not financial creditors under IBC

The Insolvency and Bankruptcy Code, 2016 (IBC) was conceived as a solution to the growing problem of non-performing assets. Together with the Reserve Bank of India’s framework for the resolution of stressed assets, the IBC is to be used to resolve viable businesses in a timely fashion. Banks and financial institutions were given precedence in …

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