International Journal For Multidisciplinary Research

E-ISSN: 2582-2160     Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 8, Issue 4 (July-August 2026) Submit your research before last 3 days of August to publish your research paper in the issue of July-August.

Recalibrating Cram-Down Mechanics: An Economic and Legal Analysis of the 'Lower-Of' Rule for Dissenting Financial Creditors under the IBC 2026

Author(s) Mr. Arun dahiya, Mr. Uday chauhan
Country India
Abstract This essay evaluates the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (popularly known as “IBC 2.0”) doctrinally and economically while focusing especially on the implementation of the “Lower-Of” payment rule under Section 30(2)(b). This amendment is a significant change to the game theoretic framework of the Committee of Creditors (CoC) to address strategic holdout issues that arise when minority creditors use their liquidation value floors as weapons. The legislature has opted for business continuity over opportunistic asset extraction by restricting the statutory allocation to a dissident financial creditor to the lesser of its liquidation entitlement or its expected share under a Section 53 waterfall.
Keywords Insolvency and Bankruptcy Code (IBC) 2026, Cram-down Mechanics, Dissenting Financial Creditors, Section 30(2)(b), Section 53 Waterfall, CoC Game Theory, Holdout Arbitrage, Corporate Restructuring.
Field Sociology > Administration / Law / Management
Published In Volume 8, Issue 4, July-August 2026
Published On 2026-08-01

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