The Restructuring Ledger

*Sourya Gopal Mukherji Introduction The Insolvency and Bankruptcy Code (Amendment) Act, 2026 has introduced Section 28A into the Insolvency and Bankruptcy Code, 2016 (“Code”). This Section envisages an asset-transfer framework to pool the assets of the personal or corporate guarantors into the Corporate Insolvency Resolution Process (“CIRP”) of the Corporate Debtor (“CD”). However, when examined specifically with respect to the transfer of assets of a Personal Guarantor (“PG”), the framework...

Anushka Bhatt* Introduction The Insolvency and Bankruptcy Code (Amendment) Bill, 2026 (“Amendment Act”), received Presidential assent on April 6, 2026. One of the highlights of this amendment is the addition of the Creditor-Initiated Insolvency Resolution Process (“CIIRP”). The introduction of the CIIRP in the Insolvency and Bankruptcy Code, 2016 (“IBC”) is significant as it provides an unprecedented opportunity for a formal out-of-court settlement mechanism between the creditors and debtors....

Sakshi Priya* Introduction There has been significant uncertainty under the Insolvency and Bankruptcy Code, 2016 (“IBC”), when it comes to the classification of real estate investors offering “assured returns” as a financial creditor defined under section 5(7). While Section 5(8) of the IBC, explicitly defines “financial debt” as a debt along with interest, if any, which is disbursed against the consideration for the time value of money. The core element of it being made against...