Paper Title
From Resolution to Liquidation: An Analysis of the Working of the Insolvency and Bankruptcy Code, 2016
Abstract
The Insolvency and Bankruptcy code, 2016, was introduced to solve the issue of increasing number of loan accounts being declared as non-performing assets and rise of bad debts in the country. The Insolvency and Bankruptcy code, 2016 introduces a comprehensive mechanism for persons undergoing Corporate Insolvency Resolution Process and also provides for liquidation, in cases wherein creditors fail to agree to a resolution of the debt of the corporate debtor. The primary goal of the Insolvency and Bankruptcy Code, 2016, is to aim for resolution of the debt rather than dissolution of the corporate debtor. The present paper seeks to analyse the data released by the Insolvency and Bankruptcy Board of India and other research material, to determine how effective the Insolvency and Bankruptcy Code, 2016, has been with regard to the timely recovery and resolution of corporate debts and to suggest improvements in the framework of the Code. The present paper finds that though the Insolvency and Bankruptcy code, 2016 has had a tremendous impact, the timelines for resolution of the debt are not being kept and resolution of the debt fails to take place leading to liquidation or dissolution of the corporate debtor and thereby, changes to framework have been suggested in the present paper, to ameliorate the difficulties faced in the implementation of the Insolvency and Bankruptcy code, 2016.
Keywords - Bankruptcy, Business, Insolvency, Law, Resolution.