India: Insolvency/Bankruptcy/Re-Structuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Defensive Set-off In Insolvency: Limits Of The Clean Slate Doctrine
The approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016 (Code) is intended to provide the successful resolution applicant with a clean slate, free from past liabilities not provided for under the plan. Under this principle, commonly referred to as the ‘clean slate doctrine’, claims against the corporate debtor that do not form part of the approved resolution plan stand extinguished and cannot subsequently be enforced. This includes claims arising from contractual disputes involving the corporate debtor. However, a question arises when the corporate debtor seeks to recover its own contractual dues from a counterparty whose claim against it has been extinguished.
India Insolvency
Fox & Mandal
Article
IBBI And Courts Settle The Issue Of Applicability Of Interim Moratorium For A Personal Guarantor Of A Corporate Debtor
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 introduced sub-section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 (IBC), excluding personal guarantors to corporate debtors from the protection of the interim moratorium that automatically arises on the filing of an application to initiate insolvency resolution proceedings under Section 94 or Section 95. The amendment, which came into force on 26 May 2026, does not contain any express statement as to whether it applies to pending applications or applications filed after the introduction of Section 96(4).
India Insolvency
KC
Khaitan & Co LLP
Article
When FCRA Meets Insolvency: Can Foreign-Funded Assets Form Part Of An Insolvency Estate Under The IBC?
The Insolvency and Bankruptcy Code, 2016 (“IBC”) seeks to facilitate the resolution of insolvency, maximise the value of a corporate debtor’s assets and balance the interests of stakeholders. A central aspect of this framework is the identification and preservation of assets available for resolution or liquidation. However, the position becomes more complex when a corporate debtor holds assets acquired using foreign contributions regulated under the Foreign Contribution (Regulation) Act, 2010 (“FCRA”).
India Insolvency
LegaLogic
Article
Same Code, New Teeth: What The IBC Amendment Act, 2026 Really Changes For Creditors
Ten years in, the Insolvency and Bankruptcy Code has finally been amended to close gaps that case law had quietly opened up in it. The IBC Amendment Act, 2026, in force from 26 May 2026, does three things that matter to anyone advising creditors: it takes the discretion back out of admission, it widens the window for clawing back value that left a company before insolvency was formally declared, and it hands financial creditors a new route into a distressed company that doesn't need a Section 7 petition at all. This piece walks through each change and the litigation that made it necessary.
India Insolvency
Foresight Law Offices
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Financial Restructuring

Article
Refinancing Heavy Infrastructure Debt: Managing Maturity Cliffs, Private Credit And High-Value Collateral
A valuable asset does not solve a debt problem if it cannot generate cash before the debt falls due for long term projects, like infrastructure projects and engineering groups. Projects, operating businesses and long-term investments may take years to generate or release cash, while holding-company debt falls due on a fixed date. The group has to turn its assets into cash, refinance the debt or extend the maturity before the choices become more limited.
India Finance
AA
Agama Law Associates
Article
Redefining Corporate Accountability And Insider Trading Liability In India: The Supreme Court's Jurisprudential Shift In Sanofi India And Rajeev Vasant Sheth
The jurisprudence surrounding corporate criminal liability and insider trading in India has undergone considerable doctrinal refinement, particularly in relation to the attribution of knowledge, the evidentiary threshold for establishing regulatory contraventions and the relevance of commercial intention in determining liability.
India Commercial
DV
Dolce Vita Advisors
Article
Emergence Of Project-Wise Insolvency In India
The Insolvency and Bankruptcy Code, 2016 (IBC) was originally built as a monolithic architecture. Its primary mandate was clear: when a company defaults, the entirety of its corporate entity must be pulled into the Corporate Insolvency Resolution Process (CIRP). While this unified entity approach worked seamlessly for manufacturing units or simple corporate structures, its application to the real estate sector triggered catastrophic systemic failures. In real estate, a single developer frequently manages dozens of independent housing projects across varying stages of lifecycle, funding, and construction.
India Insolvency
MC
MAHESHWARI & CO. Advocates & Legal Consultants
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Insolvency/Bankruptcy

Article
Defensive Set-off In Insolvency: Limits Of The Clean Slate Doctrine
The approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016 (Code) is intended to provide the successful resolution applicant with a clean slate, free from past liabilities not provided for under the plan. Under this principle, commonly referred to as the ‘clean slate doctrine’, claims against the corporate debtor that do not form part of the approved resolution plan stand extinguished and cannot subsequently be enforced. This includes claims arising from contractual disputes involving the corporate debtor. However, a question arises when the corporate debtor seeks to recover its own contractual dues from a counterparty whose claim against it has been extinguished.
India Insolvency
Fox & Mandal
Article
IBBI And Courts Settle The Issue Of Applicability Of Interim Moratorium For A Personal Guarantor Of A Corporate Debtor
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 introduced sub-section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 (IBC), excluding personal guarantors to corporate debtors from the protection of the interim moratorium that automatically arises on the filing of an application to initiate insolvency resolution proceedings under Section 94 or Section 95. The amendment, which came into force on 26 May 2026, does not contain any express statement as to whether it applies to pending applications or applications filed after the introduction of Section 96(4).
India Insolvency
KC
Khaitan & Co LLP
Article
When FCRA Meets Insolvency: Can Foreign-Funded Assets Form Part Of An Insolvency Estate Under The IBC?
The Insolvency and Bankruptcy Code, 2016 (“IBC”) seeks to facilitate the resolution of insolvency, maximise the value of a corporate debtor’s assets and balance the interests of stakeholders. A central aspect of this framework is the identification and preservation of assets available for resolution or liquidation. However, the position becomes more complex when a corporate debtor holds assets acquired using foreign contributions regulated under the Foreign Contribution (Regulation) Act, 2010 (“FCRA”).
India Insolvency
LegaLogic
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