Insolvency and Bankruptcy Code
Richard Brown January 21, 2026 0

Insolvency and Bankruptcy Code (IBC) – A Complete Guide!

Introduction to Insolvency and Bankruptcy Code

Insolvency and Bankruptcy Code (IBC) If money is the fuel that runs a business engine, then debt is the accelerator. But what happens when the engine stalls? That’s where the Insolvency and Bankruptcy Code (IBC) steps in. Introduced in 2016, IBC changed how India deals with financial distress. It created a structured, time-bound framework to resolve insolvency.

What is Insolvency?

Insolvency is when a person or company cannot repay their debts on time. Insolvency and Bankruptcy Code (IBC) Imagine your monthly expenses are more than your income – eventually, bills start piling up. That’s insolvency in simple terms.

What is Bankruptcy?

Insolvency and Bankruptcy Code (IBC) Bankruptcy is a legal status declared by a court when insolvency cannot be resolved. It’s like pressing the reset button when nothing else works.

Difference Between Insolvency and Bankruptcy

Insolvency is a financial condition, while bankruptcy is a legal process. Insolvency and Bankruptcy Code (IBC) One is a problem; the other is a solution.

Background of IBC in India

Problems Before IBC

Before IBC, India had multiple overlapping laws like SARFAESI, DRT Act, and Companies Act. The system was messy. Cases dragged on for years, money was stuck, and banks suffered massive losses.

Need for a Unified Law

IBC brought everything under one roof. Think of it as converting multiple remote controls into one universal remote – simpler, faster, and efficient.

Objectives of Insolvency and Bankruptcy Code

Speedy Resolution

IBC mandates resolution within 330 days. Time is money, and IBC respects that.

Maximizing Asset Value

The goal is to rescue businesses, not shut them down. Assets are preserved, not wasted.

Promoting Entrepreneurship

Failure is no longer a life sentence. Entrepreneurs can start again without stigma.

Key Features of IBC

Time-Bound Process

No more endless litigation. Deadlines are strict.

Creditor in Control

Power shifted from debtors to creditors. Creditors decide the future of the company.

Insolvency Professionals

Trained professionals manage the process, ensuring transparency.

Applicability of IBC

Companies and LLPs

Corporate entities fall under CIRP.

Individuals and Partnerships

IBC also covers personal insolvency.

Corporate Insolvency Resolution Process (CIRP)

Who Can Initiate CIRP?

  • Financial creditors

  • Operational creditors

  • Corporate debtor itself

Steps in CIRP

  1. Filing application

  2. Admission by NCLT

  3. Appointment of IRP

  4. Formation of CoC

  5. Resolution plan approval

Moratorium Period

Once CIRP starts, legal actions stop. This breathing space helps revival.

Role of Insolvency Professionals

Duties and Responsibilities

They manage operations, protect assets, and invite resolution plans.

Appointment Process

Appointed by NCLT based on IBBI regulations.

Committee of Creditors (CoC)

Formation

Formed by financial creditors.

Powers and Functions

They approve resolution plans with 66% voting share.

Resolution Plan

Submission

Investors submit revival plans.

Approval Process

CoC approves, NCLT confirms.

Liquidation Process

When Does Liquidation Happen?

If no plan is approved.

Distribution of Assets

Order of priority:

  1. Insolvency costs

  2. Secured creditors

  3. Employees

  4. Government dues

  5. Shareholders

Fast Track Insolvency Process

Eligibility

Small companies & startups.

Benefits

Resolution within 90 days.

IBC for MSMEs

Special Provisions

Promoters can bid for their own company.

Relief Measures

Lower compliance burden.

Impact of IBC on Indian Economy

Improvement in Credit Culture

People now take loans seriously.

Ease of Doing Business

India’s global ranking improved.

Recent Amendments in IBC

Key Changes

  • Pre-pack insolvency

  • COVID relief

  • Threshold limit raised

Their Significance

Protected MSMEs and startups.

Challenges in Implementation

Legal Delays

Overburdened courts.

Capacity Constraints

Shortage of professionals.

Future of Insolvency and Bankruptcy Code

Expected Reforms

  • More digital processes

  • Specialized benches

Growth Opportunities

Stronger banking system.

Conclusion

The Insolvency and Bankruptcy Code (IBC) is nothing short of a financial revolution. It transformed India’s debt resolution system from slow and inefficient to structured and time-bound. While challenges remain, its impact is undeniable. From strengthening creditor confidence to reviving sick companies, IBC is shaping a stronger economy. In simple words, it gave India a financial safety net. And that’s powerful.

FAQs

1. What is the main purpose of IBC?

To resolve insolvency quickly and maximize asset value.

2. Who regulates IBC in India?

The Insolvency and Bankruptcy Board of India (IBBI).

3. What is the time limit for CIRP?

Maximum 330 days.

4. Can individuals file under IBC?

Yes, personal insolvency is covered.

5. What happens if resolution fails?

The company goes into liquidation.

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