Law4u - Made in India

What is the timeline for completing the bankruptcy & insolvency proceedings under the IBC?

Answer By law4u team

The Insolvency and Bankruptcy Code (IBC) provides for a time-bound process for completing bankruptcy/insolvency proceedings. The timeline for completing the proceedings under the IBC is as follows: Corporate Insolvency Resolution Process (CIRP) The CIRP is a process initiated for corporate debtors (companies) who are unable to repay their debts. The timeline for completing the CIRP is 180 days, which can be extended by another 90 days if required. Therefore, the maximum time allowed for completing the CIRP is 270 days. Fast Track Corporate Insolvency Resolution Process (FCCIRP) The FCCIRP is a simplified version of the CIRP, which is available for small companies with a lower amount of debt. The timeline for completing the FCCIRP is 90 days, which can be extended by another 45 days if required. Therefore, the maximum time allowed for completing the FCCIRP is 135 days. Liquidation Process If the CIRP or the FCCIRP fails to produce a workable resolution plan, the company is liquidated. The timeline for completing the liquidation process is one year, which can be extended by another year if required. Therefore, the maximum time allowed for completing the liquidation process is two years. It is important to note that the timelines mentioned above are subject to certain conditions and exceptions, and may vary depending on the specific circumstances of the case. For example, the timeline for completing the CIRP may be extended if the National Company Law Tribunal (NCLT) is satisfied that the delay was due to exceptional circumstances. Similarly, the timeline for completing the liquidation process may be extended if the NCLT is satisfied that the delay was due to exceptional circumstances and that the interests of the stakeholders would be better served by such an extension.

Answer By Anik

Dear client, The insolvency and bankruptcy code were first introduced in India in the year 2016 which provided the comprehensive framework for bankruptcy and insolvency court proceedings. The timeline for completing the court proceedings is governed under the insolvency and bankruptcy code and the insolvency and bankruptcy board of India (IBBI) and the national company law tribunal (NCLT). This process typically involves the following steps: Application – A creditor or the corporate debtor have to submit an application to the NCLT within the 14 days from the date of defaults, the application should state that the corporate debtor has committed a default or in the case where the company is not paying its debts. Admission – once the application is submitted before the NCLT and it will admit the application and constitute an interim resolution professional within the 5 working days of admission of the applications. The resolution professional has the power to take charge of the corporate debtor’s assets, records, etc., Public announcement - the resolution professional publishes an announcement notice inviting financial creditors to file their claims. Claim submissions - financial creditors can submit their claims within 20 working days from the date of public announcement. The operational creditors can submit their claims within 7 working days from the date of public announcement, but this has been extended to only 14 working days by the government. Committee of creditors (CoC) - The claims filed by creditors are reviewed by the committee of creditors. The committee of creditors should only take 180 days to make a decision on the resolution plan submitted by the resolution professional. Resolution plan – The interim resolution professional prepares a resolution plan which will be submitted to the CoC. The committee has its discretion to either choose any one of the plans submitted by various bidders or reject all the plans. The CoC decision is binding on both the corporate debtor and all stakeholders. Approval by NCLT – If the resolution plan is approved by the CoC, then the plan is submitted to the NCLT for approval. When the NCLT is satisfied that the plan is viable and beneficial to the corporate debtor and stakeholders, it approves the plan. Implementation of resolution plan – the NCLT approves the resolution plan and the plan should be implemented. If the plan does not get completed within the 330 days from the commencement of the insolvency proceedings, the corporate debtor goes into liquidation. Liquidation of Assets – If the resolution plan fails then the assets of the corporate debtor are liquidated. De- registration and De-listing – post completion or liquidation process, the corporate debtor can apply in front of the registrar of companies (RoC) for de- registration or to the stock exchanges for delisting. I hope this answer helps. In case of future queries please feel free to contact us. Thank you

Bankruptcy & Insolvency Verified Advocates

Get expert legal advice instantly.

Advocate Neeraj T Narendran

Advocate Neeraj T Narendran

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Civil, Criminal, Cyber Crime, Domestic Violence, Family, Startup, Motor Accident

Get Advice
Advocate Laxman

Advocate Laxman

Civil, Criminal, Family, Divorce, Domestic Violence, Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Bankruptcy & Insolvency, Recovery, Succession Certificate

Get Advice
Advocate Shankar

Advocate Shankar

Anticipatory Bail, Cheque Bounce, Child Custody, Bankruptcy & Insolvency, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, NCLT, Medical Negligence, Motor Accident, RERA, Recovery, Supreme Court, Revenue

Get Advice
Advocate M S Niranjhan

Advocate M S Niranjhan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Family, Domestic Violence, High Court, Landlord & Tenant, Property, R.T.I, Supreme Court, Wills Trusts, Recovery, RERA, NCLT, Succession Certificate

Get Advice
Advocate Ritesh Lilaram Rajani

Advocate Ritesh Lilaram Rajani

Civil,Consumer Court,Corporate,Court Marriage,Arbitration,Cheque Bounce,Child Custody,Breach of Contract,Insurance,Motor Accident,Property,Recovery,Family,Domestic Violence,Divorce,Documentation,Banking & Finance,Bankruptcy & Insolvency,

Get Advice
Advocate Nemchand Sahu

Advocate Nemchand Sahu

Anticipatory Bail, Armed Forces Tribunal, Arbitration, Banking & Finance, Bankruptcy & Insolvency, Corporate, Child Custody, Civil, Criminal, Customs & Central Excise, Divorce, Domestic Violence, Family, High Court, Cheque Bounce

Get Advice
Advocate jitendra jain

Advocate jitendra jain

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Consumer Court, Criminal, Cyber Crime, Domestic Violence, Family, Insurance, Revenue, Muslim Law, Civil, Breach of Contract, Bankruptcy & Insolvency, Armed Forces Tribunal, Arbitration, High Court, Customs & Central Excise, International Law, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, NCLT, RERA, Supreme Court, Succession Certificate

Get Advice
Advocate V Ramuyadav

Advocate V Ramuyadav

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, R.T.I, Recovery, Succession Certificate, Revenue, Bankruptcy & Insolvency, Banking & Finance, Civil, Consumer Court, Cyber Crime, Documentation, High Court, Landlord & Tenant

Get Advice
Advocate Vikas Jain

Advocate Vikas Jain

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Consumer Court, Corporate, Court Marriage, Cyber Crime, Criminal, Customs & Central Excise, Divorce, GST, Family, Domestic Violence, High Court, Insurance, Landlord & Tenant, Medical Negligence, Documentation, Motor Accident, Patent, NCLT, Muslim Law, Tax, Revenue, Trademark & Copyright, R.T.I, Property

Get Advice
Advocate Abhijit Chanda

Advocate Abhijit Chanda

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Documentation, GST, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Wills Trusts

Get Advice

Bankruptcy & Insolvency Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.