Corporate Insolvency Resolution Process

As explained the Financial Creditor who files the application can appoint interim Resolution Professional what if there are 2 different FC filing the Application assuming at the same time who will appoint the Resolution Professional

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Interest clubbing in coc meeting

Sir in case where oc are allowed to attend the meeting of coc if there debt is more than 10% of the total debt In this case the interest amount is clubbed with the principal amount to calculate 10%?

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Chapter 2 - cirp process

How can anyone raise their objections against cirp actions or in case of any issue related to cirp in NCLT ?

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CIRP

Section 14 of ibc, provides that NCLT shall order moratorium to prohibit the recovery of any property by owner or lessor where such property is in possession of corporate debtor But, section 18 of IBC provide that the interim resolution professional shall take control and custody of any asset over with corporate debtor has ownership, but 'assets' shall not include assets owned by third party in position of CD hell under trust or under contractual agreement Question = sir as per section 18 toh Corporate debtor agar rental property pe hai toh moratorium chalu hone ke baad vo 3rd party ki asset ko toh lock nahi hona chahiye ?????

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Demerger

Sir my doubt is regarding difference between spin off and split ups

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Practice questions on financial creditor

Ques : for calculating 1 cr. What we will consider, Total defaulted debt or Total debt. In case debt defaut FC1 :AM bank 30 lakhs. ✓ FC 2:BN finance 40 lakhs. ✓. Defaulted debt : 70 lak FC3 : CP bank 1 cr . × Total debt : 1 cr. 70 lakh Can CP bank initiate cirp ??

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CIRP

In a concept of merger amalgamation under section 230/232 of Co. Act 2013 we had studied a concept that even after merger or amalgamation of the company,old suits against the transferor company shall continue after merger or amalgamation.....so if we connect that concept with CIRP and some creditors do not make claim during CIRP can they file suit for claim after the company is acquired by some other company?

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section 14(3B)

as per this section, the suit for recovery can be made upon guarantor if the cd is under moratorium. but what if the guarantor is also under moratorium in a separate way of its own. ? can the case be filed?? What is the alternative

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