
The insolvency and bankruptcy code 2016 replaces government-led insolvency with a professional resolution process under a committee of creditors for companies and individuals, aiming to complete within one year.
Identify disqualifications for insolvency under the fresh start framework for individuals, including income under 60,000, assets under 20,000, qualifying debt under 35,000, no dwelling, and no prior court orders.
Identify qualifying debt under insolvency rules, including interest, costs, and liquidated sums, while distinguishing excluded debts like fines, damages, maintenance, alimony, and student loans that survive discharge.
Explain excluded assets under section 79(14), including unencumbered tools, books, vehicles, and essential equipment for personal use or employment; and outline exemptions for basic needs and a single dwelling.
Explain how individuals are adjudicated as insolvent under the Insolvency and Bankruptcy Code, detailing the roles of the Debt Recovery Tribunal, Insolvency Resolution Professionals, Committee of Creditors, and discharge process.
Explore the disqualifications and restrictions for bankrupt individuals under the insolvency code, including the bankruptcy commencement date, public servant disqualification, and the role of the bankruptcy trustee.
Analyze how sector dynamics shape insolvency outcomes, from volatile airlines to education and healthcare, and explain guarantors' ongoing liability and pro-rata rights under IBC part two.
Learn how the fresh start process works, including discharge criteria, and how the bankruptcy trustee investigates, realizes assets, and distributes the bankrupt's estate under the code.
Explore the bankruptcy trustee's powers under the insolvency and bankruptcy code, including committee of creditors approval, estate management, vesting, and the option to appoint the bankrupt as administrator.
Explore chapter seven offences and penalties under the Insolvency and Bankruptcy Code part two (sections 184-187), detailing false information by debtors, creditors, insolvency resolution professionals, and related punishments.
Learn how the Insolvency and Bankruptcy Code part two regulates insolvency resolution professionals and information utilities through the Insolvency and Bankruptcy Board of India, with supremacy over other laws.
Explain how the supreme court upheld the insolvency and bankruptcy code's constitutional validity in the Swiss Ribbon case. Highlight grounds on IRP, tribunalization, and creditor equality.
Explore the insolvency resolution time frame under ibc part two, including 180 days, possible 90-day extension, and section 12a withdrawal with 90% creditor approval, plus supreme court clarifications.
Analyzes key IBC issues through cases on charges, section 53 priorities, auction rights, director liability under section 138 NI Act, and layoff versus retrenchment, asserting IBC supremacy.
Insolvency and Bankruptcy Code Part-2
This course offers a comprehensive foundation in India’s Insolvency and Bankruptcy Code, 2016 (IBC), combining legal theory with practical insights through real-life case studies. It is designed for law students, corporate professionals, finance experts, and anyone seeking to understand how India’s insolvency framework functions in practice.
This advanced online course, "Insolvency and Bankruptcy Code Part-2: Individual and Specialised Frameworks," offers a deep dive into the non-corporate provisions of the IBC. You will master the critical difference between corporate and individual bankruptcy, understanding why the process for a company focuses on revival, while for an individual it centres on a Fresh Start and repayment plan.
A key module defines the terms governing personal insolvency. We clarify what constitutes "Qualifying Debt," the specific type of unsecured debt that can be discharged for a small debtor. We also analyse "Excluded Assets," the essential property (like necessary tools, basic furniture, and pension plans) that a debtor is legally protected to keep. Furthermore, the course details the significant legal and professional disqualifications for becoming insolvent (or bankrupt), such as being barred from public office or corporate directorships. This training ensures you gain a comprehensive, practical, and legally sound understanding of the entire IBC structure.
Enroll now and position yourself at the forefront of modern commercial law practice!