IBC · IBC · Chapter 2

Evolution of Insolvency and Bankruptcy Code

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Insolvency and Bankruptcy Code 2016 — Insolvency and Bankruptcy Code 2016.

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Q

What is the foremost objective of the Insolvency and Bankruptcy Code, 2016 when a viable corporate debtor defaults?

A

The primary objective is time-bound reorganisation and insolvency resolution to maximise the value of assets and ensure revival and continuation of the firm.

Q

What minimum voting threshold of the Committee of Creditors is required to approve a resolution plan under IBC?

A

66% in value of the Committee of Creditors' voting share

Q

Why is liquidation considered a last resort under the IBC, 2016?

A

IBC protects the corporate debtor from 'death by liquidation' and focuses on revival; liquidation is only triggered when resolution fails or is not feasible.

Q

Under Section 8 of IBC, how many days' notice must an operational creditor serve before filing for CIRP?

A

10 days' demand notice before filing for insolvency

Q

What was the major drawback of the pre-IBC insolvency framework in India?

A

The pre-IBC framework was fragmented across multiple laws with no single unified code, resulting in lengthy delays, low recovery rates, and poor creditor outcomes.

Q

What was the revised minimum default threshold introduced in March 2020 to trigger CIRP against a corporate debtor?

A

Rs 1,00,00,000 (one crore rupees) as per 2020 gazette notification

Q

Which committee's recommendations formed the basis for the enactment of the Insolvency and Bankruptcy Code, 2016?

A

The Bankruptcy Law Reforms Committee (BLRC), chaired by Dr. T.K. Viswanathan, submitted its report in November 2015, which formed the basis for the IBC.

Q

Which section of IBC imposes a moratorium preventing creditors from taking enforcement action against a corporate debtor during CIRP?

A

Section 14 of IBC imposes the moratorium during CIRP

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