The Indian Insolvency and Bankruptcy Bill: A Squandered Opportunity

Ashish Pandey

MPRA Paper from University Library of Munich, Germany

Abstract: In this perspective article, the author analyses the eventual efficacy of recently passed Insolvency and Bankruptcy Bill in India. The author ascertains that the Bill in its current form encourages liquidation at the cost of financial restructuring. An opinion is established based on secondary research that the Bill fails to provide adequate representation to certain key stakeholders. The author highlights a lack of clarity in the Bill regarding the appointment of executants. Certain lacunae in the Bill that may impede its overall effectiveness are explicitly identified. The issue of conflicts between various stakeholders is debated in the context of current Bill. The author draws upon cross-country experiences to suggest remedial measures that address current impediments in the successful implementation of the Bill.

Keywords: Insolvency and Bankruptcy Bill; India; Insolvency Resolution Professionals (search for similar items in EconPapers)
JEL-codes: K29 (search for similar items in EconPapers)
Date: 2016-06-02
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Persistent link: https://EconPapers.repec.org/RePEc:pra:mprapa:71698

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