RS passes IBC amendment, restores lenders' primacy in insolvency cases

The amendments give committee of creditors of a loan defaulting company explicit authority over the distribution of proceeds in the resolution process

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Current affairs: The Rajya Sabha on Monday approved amending the three-year-old Insolvency and Bankruptcy Code (IBC), providing clarity about preference to secured lenders over operational creditors and giving lenders explicit authority over distribution of proceeds of auction of loan defaulting companies.

Replying to a debate on the Insolvency and Bankruptcy Code (Amendment) Bill 2019, Finance Minister Nirmala Sitharaman said the changes being brought in now are in response to events that eroded legislative intent of the IBC.

She referred to the Essar Steel insolvency case where the lenders and operational creditors have been treated at par by the bankruptcy court for...read more

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