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一个破产专业解释了为什么执行安尼尔•安巴尼的个人担保是一项艰巨的任务

案件的进展之间的印度国家银行(SBI)和安尼尔•安巴尼(被)预计将为个人担保人公司债务人破产的决议过程(IRPPG)。

由Devendra梅塔

企业的法律体系破产解决过程(CIRP)在过去四年中一直在发展。国有银行之间的进展情况印度(印度国家银行)和安尼尔•安巴尼(被申请人)是将奠定了基础为个人担保人公司债务人破产解决过程(IRPPG)。

CIRP被诉讼,主要是由现有的推动者,当权者想保留他们的公司。IRPPG更进一步针对促销员的个人财富,因此需要恶意诉讼。IRPPG在另一个案例中,英特资本与拉蒂·库马尔耆那教徒的,保持被授予法律的合宪性受到了挑战。被调查者也被授予呆8月27日,德里高等法院以宪法的有效性。媒体报道国家NCLT订单也将挑战61条款下IBC NCLAT。与CIRP IRPPG没有测试在法院,因此所有的腔隙会在执行前将创建挑战个人担保。

然而,在深入的细节可能出现的破产和破产的代码(IBC)与IRPPG特定于这个例子中两个“意想不到的后果”。,印度国家银行3月12日提交了应用程序,导致临时禁令生效(第96条)。因此,英国法院命令,要求被申请人支付7.17亿美元三个中国的银行是不可能执行。2、秩序,法官指出,“回顾性声明为不良账户账户(NPA)由26.08.2016即贷款协议之前已经进入。这样回顾声明似乎相当不协调,就像老话“本末马”。虽然债务和违约仍然毋庸置疑,NPA宣言的不协调,没有了,被申请人有争议。“第二点可能出现地提起诉讼,如果需要在未来。

的IRPPG本身,下面详细的一些问题可能延长/延迟过程。

第109条指出:“债权人不得有权投票的债务未清偿金额”。这可能是一个有争议的问题,可能阻止印度国家银行从投票。这个词,未结算的金额,没有定义在IBC。

清算金额是确定数量和没有任何歧义是谁支付和支付。在当前背景下,由被调查者的法院提出的论点并没有认为是“金融债权人之间的理解和担保人,在执行的时候个人担保契据过时23.09.2016,公司保证提供的RITL,信实电信基础设施有限,信实电信和信实电信有限公司将在调用个人担保之前被调用。个人担保只会被调用时存在任何不足数量的恢复信贷设施。”“缺口”并不是一个确定总和,因此可以归类为未清偿债务。

第99条指出,解决专业应当检查应用程序和审判权威(AA)提交的一份报告建议批准或拒绝。此外,部分国家债务如果注册信息效用不能有争议。我们不知道是否注册信息效用的债务。然而,如果上述保证是“缺口”金额可以归类为有争议。在当前订单,受访者已经请求“自申请批准的决议计划正在等待RP不能文件报告的可容许或应用程序。”

AA的目的可能发出指令进行债权人和债务人之间的谈判在IBC 100条款。从历史上看,公司决议谈判在不同方案一直没完没了的。没有规定期限完成谈判。

债务人与RP协商根据第105节必须准备一个还款计划,RP 21天内提交至AA在第106节的最后日期提交的索赔。很可能被调查者和印度国家银行之间的谈判没有达成上述21天的尽头。因此,AA可能给予扩展吗?同时,并不一定非要叫债权人会议,以防同样的决议提供了专业的原因。未清偿债务从单一债权人提交应用程序可能是一个原因。此外,最高期限也不规定期限还款计划。

债务人可以选择替换解决专业(RP)的98条款下IBC。目前尚不清楚在什么情况下债务人可以替代解决专业。

最后,从入学之日起暂停进场一段180天每节101。如果还款计划不确定会暂停继续。这是因为180天的失误并不是一个条件根据第121条债务人破产

模棱两可的IBC IRPPG如上详细将使执法,如果,一个无止境的过程。我们希望这种情况下将建立法学。

(作者是注册破产专业&重组顾问)

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By Devendra Mehta<\/strong>

The jurisprudence of corporate insolvency<\/a> resolution process (CIRP) has been evolving over the past four years. The progress of the case between State Bank of India<\/a> (SBI<\/a>) vs Anil Ambani<\/a> (Respondent) is expected to lay the groundwork for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors (IRPPG).

CIRP has been much litigated, primarily by existing promoters, as the incumbents wanted to retain their companies. IRPPG goes a step further targeting promoters\u2019 personal wealth and thus would entail vicious litigation. In another case of IRPPG, Intec Capital versus Lalit Kumar Jain<\/a>, a stay has been granted as the constitutionality of the law has been challenged. Respondent too has been granted a stay on August 27 by the Delhi High Court on grounds of constitutional validity. Media reports state that the order of NCLT will also be challenged under Section 61 of IBC at NCLAT. Unlike CIRP, IRPPG has not been tested in courts and thus all the lacunas will come to fore which will create challenges in enforcing the personal guarantee<\/a>.

<\/div><\/div>However, before delving into the specifics of the Insolvency and Bankruptcy Code (IBC) that may arise in relation to IRPPG two \u201cunintended consequences\u201d specific to this case. One, SBI filed the application on March 12 that resulted into an interim moratorium coming into effect (Section 96). Thus, the UK court order of May, asking Respondent to pay US$ 717 million to a trio of Chinese banks could not have been enforced. Two, in the order, the judges point out that \u201cThe accounts were retrospectively declared as Non-Performing Account (NPA) with effect from 26.08.2016 i.e. even before loan agreements had been entered into. Such retrospective declaration seems rather incongruous, akin to the adage \u201cputting the cart before the horse\u201d. While debt and default has remained undisputed, the incongruity of declaration of NPA, has not been raised and contested by the Respondent.\u201d The second point may be a ground to litigate if the need so arose in future.

In terms of IRPPG per-se, some of the issues detailed below may lengthen\/delay the process.

Section 109 states that \u201ca creditor shall not be entitled to vote in respect of a debt for an unliquidated amount\u201d. This is possibly going to one contentious issue that may debar SBI from casting a vote. The term, unliquidated amount, has not been defined under IBC.

<\/div><\/div>Liquidated amount is a determined amount and does not have any ambiguity on who is to pay and what is to be paid. In the current context, the argument presented by the Respondent on which the court has not opined is \u201cIt was the understanding between the Financial Creditor and Personal Guarantor, at the time of execution of the Personal Guarantee deed dated 23.09.2016, that the Corporate Guarantee provided by RITL, Reliance Communications Infrastructure Limited, RCOM and Reliance Telecom Limited would be invoked before invoking the Personal Guarantee. The Personal Guarantee would be invoked only upon there being any shortfall in the recovery of amounts under the credit facilities.\u201d \u201cShortfall\u201d is not a determined sum and thus may be classified as unliquidated debt.

Section 99 states that resolution professional shall examine the application and submit a report to Adjudicating Authority (AA) recommending approval or rejection. Furthermore, the section states that debt if registered with information utility cannot be disputed. We are not aware whether the debt is registered with information utility. However, if the guarantee is for \u201cshortfall\u201d mentioned above the amounts may be classified as disputed. In the current order too, respondents had taken the plea \u201csince the Application for approval of the Resolution Plan is pending the RP could not file any report on the admissibility or otherwise of the Applications.\u201d

AA may issue instructions for the purpose of conducting negotiations between the creditor and the debtor under Section 100 of IBC. Historically, negotiations for corporate resolutions under various schemes have been endless. No time limit has been prescribed for completion of negotiations.

Debtor in consultation with RP under Section 105 must prepare a repayment plan which the RP would submit to AA under Section 106 within 21 days of last date of submission of claims. It is quite likely that the negotiations between respondent and SBI are not concluded even at the end of aforesaid 21 days. Thus, AA may possibly have to grant extension? Also, it is not mandatory to call meeting of creditors, in case the reasons for same are provided by resolution professional. Unliquidated debt whence single creditor has filed the application may be one reason. Additionally, maximum period too is not prescribed for the term of repayment plan.

Debtor may choose to replace resolution professional (RP) under Section 98 of IBC. It is not clear under what circumstances the debtor can replace the resolution professional.

Finally, moratorium comes into play from the date of admission for a period of 180 days as per Section 101. In case the repayment plan is not finalized will the moratorium continue. This is because lapse of 180 days is not a condition to take debtor to bankruptcy under Section 121

Ambiguities in IBC for IRPPG as detailed above will make the enforcement, if at all, an endless process. Let us hope this case will establish jurisprudence.

(The writer is a registered insolvency professional & restructuring advisor)<\/em><\/strong>
<\/div><\/div>
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The action was taken under the SARFAESI Act to recover dues of Rs 2,892 crore from Reliance Infrastructure.","seolocation":"telecomnews\/yes-bank-starts-physical-takeover-of-anil-ambanis-reliance-group-hq-in-mumbai","seolocationalt":"Yes Bank starts physical takeover of Anil Ambani\u2019s Reliance Group HQ in Mumbai","url_seo":"yes-bank-starts-physical-takeover-of-anil-ambanis-reliance-group-hq-in-mumbai"},{"msid":"78623005","stname":"Delhi HC issues notices to SBI, others in Anil Ambani personal guarantee case","artsyn":"The Delhi High Court issued a notice to the State Bank of India (SBI) and others to seek their response on whether Chinese lenders should be impleaded in a case filed by Anil Ambani, where he is challenging the bankruptcy court\u2019s ruling to appoint an interim resolution professional (IRP) in the personal guarantee case.","seolocation":"telecomnews\/delhi-hc-issues-notices-to-sbi-others-in-anil-ambani-personal-guarantee-case","seolocationalt":"Delhi HC issues notices to SBI, others in Anil Ambani personal guarantee case","url_seo":"delhi-hc-issues-notices-to-sbi-others-in-anil-ambani-personal-guarantee-case"},{"msid":"78619836","stname":"Court sends notice to Chinese banks on Anil Ambani\u2019s plea","artsyn":"In the London case, the Chinese lenders argued that they provided funding to Ambani\u2019s Reliance Communications Ltd. in 2012 with the condition that he personally guarantee the debt. They have yet to receive any funds despite winning that ruling.","seolocation":"telecomnews\/court-sends-notice-to-chinese-banks-on-anil-ambanis-plea","seolocationalt":"Court sends notice to Chinese banks on Anil Ambani\u2019s plea","url_seo":"court-sends-notice-to-chinese-banks-on-anil-ambanis-plea"},{"msid":"78377059","stname":"Will take all legal routes to recover $717 million, say Chinese Banks to Anil Ambani","artsyn":"Three Chinese banks said they will pursue all legal routes to recover $717 million (\u20b95,306 crore) from Anil Ambani, which the Reliance Group chairman was ordered to cough up by a UK court in May.","seolocation":"telecomnews\/will-take-all-legal-routes-to-recover-717m-chinese-banks","seolocationalt":"Will take all legal routes to recover $717 million, say Chinese Banks to Anil Ambani","url_seo":"will-take-all-legal-routes-to-recover-717m-chinese-banks"},{"msid":"78357255","stname":"Chinese banks to start enforcement action against Anil Ambani\u2019s worldwide assets","artsyn":"The three Chinese banks to whom Anil Ambani owes more than $716 million (Rs 5,276 crore), as well as significant legal costs, have decided to pursue their rights against him on his worldwide assets, following the beleaguered Reliance Group chairman\u2019s English high court cross-examination on Friday.","seolocation":"telecomnews\/chinese-banks-to-start-enforcement-action-against-anil-ambanis-worldwide-assets","seolocationalt":"Chinese banks to start enforcement action against Anil Ambani\u2019s worldwide assets","url_seo":"chinese-banks-to-start-enforcement-action-against-anil-ambanis-worldwide-assets"},{"msid":"78329372","stname":"Anil Ambani discloses worldwide assets to UK court in Chinese banks case","artsyn":"Indebted business tycoon Anil Ambani told a UK court on Friday that he lives a simple life, drives just one car and has sold his jewellery to pay his legal fees.","seolocation":"telecomnews\/anil-ambani-discloses-worldwide-assets-to-uk-court-in-chinese-banks-case","seolocationalt":"Anil Ambani discloses worldwide assets to UK court in Chinese banks case","url_seo":"anil-ambani-discloses-worldwide-assets-to-uk-court-in-chinese-banks-case"},{"msid":"78164418","stname":"SC dismisses SBI plea seeking vacation of stay on Anil Ambani bankruptcy case","artsyn":"The apex court further directed HC to consider the issue on October 6, adding that SBI is at liberty to seek modification of stay order.","seolocation":"telecomnews\/sc-dismisses-sbi-plea-seeking-vacation-of-stay-on-anil-ambani-bankruptcy-case","seolocationalt":"SC dismisses SBI plea seeking vacation of stay on Anil Ambani bankruptcy case","url_seo":"sc-dismisses-sbi-plea-seeking-vacation-of-stay-on-anil-ambani-bankruptcy-case"},{"msid":"77945783","stname":"An insolvency professional explains why enforcing Anil Ambani's personal guarantee is a tough task","artsyn":"The progress of the case between State Bank of India (SBI) vs Anil Ambani (Respondent) is expected to lay the groundwork for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors (IRPPG).","seolocation":"telecomnews\/an-insolvency-professional-explains-why-enforcing-anil-ambanis-personal-guarantee-is-a-tough-task","seolocationalt":"An insolvency professional explains why enforcing Anil Ambani's personal guarantee is a tough task","url_seo":"an-insolvency-professional-explains-why-enforcing-anil-ambanis-personal-guarantee-is-a-tough-task"},{"msid":"77942858","stname":"SBI moves SC to vacate stay on recovering dues from Anil Ambani","artsyn":"HC stayed NCLT order appointing IRP; lender had invoked personal guarantee clause.","seolocation":"telecomnews\/sbi-moves-sc-to-vacate-stay-on-recovering-dues-from-anil-ambani","seolocationalt":"SBI moves SC to vacate stay on recovering dues from Anil Ambani","url_seo":"sbi-moves-sc-to-vacate-stay-on-recovering-dues-from-anil-ambani"},{"msid":"77781474","stname":"Indian court halts insolvency proceedings against Reliance's Anil Ambani","artsyn":"An Indian court on Thursday halted insolvency proceedings against Reliance Group chairman Anil Ambani, the younger brother of India's richest man, and barred him from disposing of any of his assets.","seolocation":"telecomnews\/indian-court-halts-insolvency-proceedings-against-reliances-anil-ambani","seolocationalt":"Indian court halts insolvency proceedings against Reliance's Anil Ambani","url_seo":"indian-court-halts-insolvency-proceedings-against-reliances-anil-ambani"}],"primeid":0,"storytags":{"categoryTag":{"sectionid":"49830939","sectionname":"TelecomNews","seolocation":"telecomnews","seolocationalt":"telecomnews"},"otherTags":[{"keyid":"9171","value":"Anil Ambani","smid":"0","keynameseo":"Anil-Ambani","keytype":"","keycount":"totalcount","weightage":"100"},{"keyid":"13222","value":"SBI","smid":"0","keynameseo":"SBI","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"4188928","value":"personal guarantee","smid":"0","keynameseo":"personal-guarantee","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"209094","value":"Lalit Kumar Jain","smid":"0","keynameseo":"Lalit-Kumar-Jain","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"128499","value":"insolvency","smid":"0","keynameseo":"insolvency","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"6354887","value":"Industry","smid":"0","keynameseo":"Industry","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"3658","value":"India","smid":"0","keynameseo":"India","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"6354778","value":"Banking","smid":"0","keynameseo":"Banking","keytype":"","keycount":"totalcount","weightage":"20"},{"keyid":"8937366","value":"Anil Ambani dues","smid":"0","keynameseo":"Anil-Ambani-dues","keytype":"","keycount":"totalcount","weightage":"20"}],"filterTags":[]},"formattedTags":{"companyTags":[],"otherTags":[{"name":"personal guarantee"},{"name":"Lalit Kumar Jain"},{"name":"Anil Ambani dues"},{"name":"Anil Ambani"},{"name":"insolvency"},{"name":"Industry"},{"name":"Banking"},{"name":"India"},{"name":"SBI"}],"newsCategoryTags":[{"name":"TelecomNews","seolocation":"telecomnews"}],"breadcrumbTags":["Anil Ambani","SBI","personal guarantee","Lalit Kumar Jain","insolvency","Industry","India","Banking","Anil Ambani dues"],"filterTags":[]},"breadcrumbTags":["Anil Ambani","SBI","personal guarantee","Lalit Kumar Jain","insolvency","Industry","India","Banking","Anil Ambani dues"],"Alttitle":{"minfo":""},"Altdescription":{"minfo":""},"amp_url":"\/\/www.iser-br.com\/amp\/news\/an-insolvency-professional-explains-why-enforcing-anil-ambanis-personal-guarantee-is-a-tough-task\/77945783"}" data-news-images="null" data-newsletter-by="0" data-newsletter-date="a" data-hasbottomcarousel="" data-alldetailsopen="0" data-multipleanalyticshit="" data-deeplink="https://ettelecom.app.link?$deeplink_path=" data-socialshareformat="default">
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