Examining the pre-packaged insolvency resolution process in India (Record no. 526320)

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fixed length control field 240527b ||||| |||| 00| 0 eng d
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Puja, Kumari and Tyagi, Prachi
245 ## - TITLE STATEMENT
Title Examining the pre-packaged insolvency resolution process in India
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Journal of the Indian Law Institute
300 ## - PHYSICAL DESCRIPTION
Extent 65(2), Apr-Jun, 2023: p.211-224
520 ## - SUMMARY, ETC.
Summary, etc The shift from the contemporary insolvency law towards a corporate rescue mechanism has been well incorporated in the Insolvency and bankruptcy code 2016 (hereinafter “the code”).in a short span of six years, the code has brought sweeping reforms in the insolvency landscape of India. The code provides a comprehensive and time-bound insolvency resolution process for the corporate debtor offering their creditors the legal right to press claims for recovery of default. The recovery mechanism under the code either results incorporate rescue or liquidation of the corporate debtor. The purpose of the code is to rehabilitate and revive the financially troubled corporate debtor and prevent the extreme liquidation route. The code has undergone various amendments since its inception. An innovative approach to corporate restructuring that has emerged over the years is the pre-pack mechanism which incorporates the virtues of formal judicial proceedings and informal out-ofcourt settlement. The pre-pack method of insolvency resolution has been prevalent in various developed nations like the United Kingdom and the United States. It was recently introduced in India through chapter iii-a on the pre-packaged insolvency resolution process (hereinafter “PPIRP”) in the code. The essence of pre-pack is formulating a restructuring or resolution plan before the commencement of insolvency. It offers a hybrid ‘debtor-in-possession’ and ‘creditor-in-control’ model for the Micro, Small, and Medium Enterprises (hereinafter “MSME”).The paper analyses the provisions of PPIRP under the Code and whether it can provide an efficient and effective insolvency regime to the MSMEs. The paper further examines the impact of pre-packs on the insolvency framework in India

http://14.139.60.116:8080/jspui/bitstream/123456789/48207/1/17_Examining%20the%20Pre-Packaged%20Insolvency%20Resolution%20Process%20in%20India.pdf
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Pre-Packaged Insolvency, Insolvency and Bankruptcy Code, MSME, Corporate Insolvency Resolution Process, Financial Distress, Creditor Approval, National Company Law Tribunal, Business Continuity, Regulatory Oversight, Negotiated Settlements, Time-bound Resolution, Legal Framework, Economic Stability, Debt Restructuring
9 (RLIN) 53129
773 ## - HOST ITEM ENTRY
Main entry heading Journal of the Indian Law Institute
906 ## - LOCAL DATA ELEMENT F, LDF (RLIN)
Subject DIP INSOLVENCY
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Item type Articles
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Permanent location Current location Date acquired Serial Enumeration / chronology Barcode Date last seen Koha item type
          Indian Institute of Public Administration Indian Institute of Public Administration 2024-05-27 65(2), Apr-Jun, 2023: p.211-224 AR132071 2024-05-27 Articles

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