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The Restructuring Ledger

The Restructuring Ledger

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Join date: Oct 18, 2024

Posts (65)

Apr 14, 20268 min
COMI Beyond the Registered Office: Rethinking Jurisdictional Flexibility in Cross-Border Airline Insolvency
C A P Sai Srinivas * Introduction The determination of the centre of main interest (“ COMI ”) under the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency ( “ MLCBI ” ) is conceived as a curative and facilitative mechanism rather than a definitive rule in ascertaining the debtor’s main interests. Notably, the MLCBI does not adhere to a rigid codification of the debtor’s COMI; instead, it relies on interpretative aids, including evolving judicial...

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Mar 18, 20267 min
Boundary-Conscious Insolvency: Re-Defining NCLT Jurisdiction in the Gloster Era
Muskan Jain and Qazi Ahmad Masood * Introduction: New Battleground in Insolvency Over the last decade, the value of modern companies has come to be realised through the intangible rights or assets they hold, such as data rights, brand equity, platform licenses, copyrights, and trademarks. A company’s value no longer depends only on physical assets like factories or land. These intangible rights are governed by distinct statutory frameworks . When these assets enter insolvency, a new legal...

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Mar 16, 20267 min
Aircraft over Airlines: The Rationale behind the Protection of Interests in Aircraft Objects Act, 2025
Hiteshi Chugh & Reiyaa Vaish * Background India is the world’s third-largest domestic aviation market , yet the sector has seen its fair share of airline failures and recent legal developments suggest that this trend may continue. Aircraft are high-value and predominantly leased assets; the insolvency laws treated them no differently from other mobile assets of the corporate debtor. The Protection of Interests in Aircraft Objects Act, 2025 (“ the Act ”) marks the first comprehensive attempt...

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