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Bankruptcy norms: Knee-jerk reactions to structural deformities

No major jurisdiction grants any preferential treatment to financial creditors in the context of right to participation or voting right in Committee of Creditors

banks, insolvency
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Ramakant Rai
A couple of recent amendments in the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, seem to be knee-jerk reactions towards the various issues surfaced in the implementation of the Insolvency and Bankruptcy Code (IBC).
 
On August 16, the Insolvency and Bankruptcy Board of India (IBBI) introduced a concept of “other creditors” in the rules, without providing any corresponding protection or right to such class of creditors in the norms. In a similar vein, the IBBI amended the regulations on October 5 to mandate that a resolution plan shall include a statement as