Knowledge
Debt Recovery
Interest on Delayed Payment: Contract, Statute and the Court's DiscretionInterest before suit, pendente lite and after decree; the Interest Act, Section 34 CPC, compound interest, penal rates and how to prepare the computation.Read note
Guarantees
Guarantees: Enforcing Them and the Ways a Guarantor Is DischargedThe surety's co-extensive liability, the grounds of discharge under Sections 133 to 141, how to invoke a guarantee and its position when the principal debtor is insolvent.Read note
Litigation
Attachment before Judgment: Order XXXVIII Rule 5 and What the Court RequiresThe intention the plaintiff must show, the evidence that supports an application, related remedies and the consequences of the order.Read note
Litigation
Executing a Money Decree: Methods, Asset Discovery and ObjectionsAttachment and sale, attachment of debts, arrest, receivers, examination of the judgment debtor, exempt property and the delays to expect.Read note
Guarantees
Reaching Directors and Promoters: Guarantees, Statutory Liability and the Corporate VeilWhere a creditor can look beyond the company: personal guarantees, Section 141 NI Act, Sections 339 and 66, and the limits of lifting the veil.Read note
Commercial Litigation
The Commercial Courts Act: Mediation, Pleadings, Case Management and Summary JudgmentWhat counts as a commercial dispute, mandatory pre-institution mediation, disclosure of documents, timetables and summary judgment under Order XIII-A.Read note
Limitation
Time Limits after the Claim Is Filed: Appeals, Awards and ExecutionThe periods for executing a decree, for appeals to the High Court, DRAT, NCLAT and the Supreme Court, for challenging awards, and how delay is condoned.Read note
Insolvency
Section 7 Applications: What a Financial Creditor Must ProveWho is a financial creditor, the proof of default, the minimum threshold, how the tribunal decides admission and the risk of misuse under Section 65.Read note
Insolvency
The Section 14 Moratorium: What Stops, What Continues and Who Remains ExposedThe prohibitions on admission, essential supplies, the position of guarantors, cheque complaints and the steps a creditor should take.Read note
Insolvency
The Committee of Creditors: Composition, Voting and Commercial WisdomWho sits and votes, the position of operational creditors, the sixty-six per cent threshold and how far courts review the committee's decisions.Read note
Insolvency
Resolution Plans: Eligibility, Contents, Approval and Binding EffectSection 29A disqualifications, what Section 30(2) requires, the extinguishment of claims not in the plan and the continuing liability of guarantors.Read note
Insolvency
The Liquidation Waterfall: Section 53 and the Secured Creditor's ChoiceThe order of priority on distribution, the election under Section 52 to relinquish or realise security and the filing of claims with the liquidator.Read noteHave a distressed debt or insolvency query?
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