Asia: 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
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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RI
Restructuring & Insolvency

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
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Insolvency/Bankruptcy

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
See more

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