International Journal For Multidisciplinary Research

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Analysing the Emergence of Insolvency and Bankruptcy Law in Indian Economic Landscape

Author(s) Ms. LAVI SINGH, Dr. ANSHUMAN MISHRA
Country India
Abstract An effective bankruptcy legislation is integral requirement for an economy to thrive. Insolvency laws strive to assist distressed enterprises in reorganizing and restarting their operations. If resolution is not possible, the law should provide a seamless process for liquidation and withdrawal from the market. The state should facilitate the exit of unsuccessful businesses, allowing for more efficient use of economic resources. The process for effectively exiting unsuccessful enterprises from the Indian market was lacking.
Effective insolvency resolution leads to increased investment in the economy by making it easier to conduct business. The World Bank and OECD created measures to assess and compare nations' insolvency regimes, with time taken for resolution being a crucial criterion.
The emergence of insolvency and bankruptcy law in Indian economic landscape has brought about a significant shift in how distressed assets are dealt within the country. With the introduction of Insolvency and bankruptcy code in 2016, a more structured and streamlined framework has been put in place for resolving insolvency cases. This has provided a more efficient mechanism for creditors to recover dues from defaulting entities and has also given a boost to the ease of doing business in India. The implementation of IBC has also led to increased investor confidence as they now have a well-defined process for addressing insolvency issues, thereby improving the overall business environment in the country. The IBC framework aims to speed up insolvency resolution by focusing on recovering significant amounts from corporate debtors within a specified timeline. If resolution is not possible, liquidation is initiated to maximize asset value. Previous approaches failed to meet deadlines for resolutions. As a result, the assets' value decreased, leaving the creditor with little or no recovery. This Act prioritizes timely resurrection and resolution to maximize the value of debtors' assets.
This study examines the impact of the new code on corporate insolvency and rehabilitation for financial organizations. This will help us comprehend how efficient IBC is in comparison to other systems. An overview of the new code’s functionality and goals is given via the case studies. The effectiveness of the bankruptcy code will be reviewed by this study.
Keywords Asset Reconstruction Companies, Bankruptcy Law Reforms Committee, Corporate Debtors, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, Insolvency and Bankruptcy Board of India, Financial Distress
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 3, May-June 2025
Published On 2025-06-28
DOI https://doi.org/10.36948/ijfmr.2025.v07i03.48178
Short DOI https://doi.org/g9rnwt
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