Insolvency and Bankruptcy Code, 2016 —
Creditor’s Guide
The Insolvency and Bankruptcy Code, 2016 (IBC) fundamentally transformed the Indian insolvency landscape by establishing a time-bound, creditor-driven Corporate Insolvency Resolution Process (CIRP) before the National Company Law Tribunal (NCLT). For banks and financial institutions, IBC — particularly Section 7 — is a powerful complementary tool alongside SARFAESI and DRT proceedings.
Unified Chambers and Associates, led by Advocate Subodh Bajpai (LLM, MBA Finance XLRI), advises financial creditors on Section 7 strategy, CoC representation, and coordinating IBC with SARFAESI and DRT enforcement.
Critical Sections of IBC 2016
Section 7
Financial Creditor Application
Financial creditors (banks, NBFCs, bondholders) can file CIRP petition proving default of ₹1 crore or above. No prior demand notice required.
Section 9
Operational Creditor Application
Operational creditors must first send a demand notice under Section 8. If unpaid and no dispute raised within 10 days, Section 9 petition can be filed.
Section 14
Moratorium
Automatic stay on all suits, SARFAESI enforcement, DRT proceedings, and asset transfers upon CIRP admission. Continues until CIRP conclusion.
Section 17
Powers of IRP/RP
Interim Resolution Professional (IRP) takes management control of the corporate debtor upon appointment. Board suspended during CIRP.
Section 21
Committee of Creditors
CoC comprising all financial creditors. Makes all critical decisions by voting (75% threshold for resolution plan approval).
Section 29A
Eligibility of Resolution Applicants
Disqualifies promoters, connected persons, and NPA-causing entities from submitting resolution plans. Controversial provision — extensive litigation.
Section 30
Resolution Plan
Resolution applicant submits plan to RP. CoC approves by 66% vote. NCLT approves if plan complies with IBC requirements.
Section 53
Liquidation Waterfall
Priority of payments in liquidation — CIRP costs, secured creditors, workmen, other employees, government dues, unsecured creditors, shareholders.
Section 95
Personal Guarantor Insolvency
Creditors can initiate insolvency proceedings against personal guarantors of corporate debtors under Part III IBC — separate from corporate CIRP.
IBC 2016 — Creditor FAQ
What is the Insolvency and Bankruptcy Code, 2016?
The Insolvency and Bankruptcy Code, 2016 (IBC) is a comprehensive legislation consolidating laws relating to insolvency and bankruptcy of companies, limited liability partnerships, partnership firms, and individuals in India. It introduced a time-bound Corporate Insolvency Resolution Process (CIRP) with a target of 330 days, replacing the earlier fragmented framework under the Companies Act, SICA, and the Presidency Towns Insolvency Act.
What is the difference between Section 7 and Section 9 of IBC?
Section 7 is used by Financial Creditors (banks, NBFCs, debenture holders, home buyers) to initiate CIRP against a corporate debtor who has defaulted on a financial debt. Section 9 is used by Operational Creditors (suppliers, service providers, employees, workmen) to initiate CIRP for non-payment of operational debt. The threshold for both is ₹1 crore (as revised). The procedure and burden of proof differ — Section 7 requires only proof of debt and default; Section 9 requires service of a demand notice first.
What is the moratorium under IBC?
Upon admission of a CIRP petition, the NCLT declares a moratorium under Section 14 of IBC. During the moratorium: (a) All suits, legal proceedings, and enforcement actions against the corporate debtor are stayed; (b) SARFAESI enforcement is stayed; (c) DRT proceedings are stayed; (d) Assets of the corporate debtor cannot be transferred or encumbered. The moratorium continues until CIRP concludes (resolution plan approval or liquidation order).
What is the priority of secured creditors in IBC liquidation?
In liquidation under IBC, the waterfall mechanism under Section 53 provides: (1) CIRP costs and liquidation costs are paid first; (2) Secured creditors (up to the extent of security interest) and workmen dues for 24 months; (3) Other employee dues; (4) Central and State Government dues; (5) Remaining secured creditor claims (unsecured portion); (6) Unsecured financial creditors; (7) Preference shareholders; (8) Equity shareholders. Secured creditors who relinquish their security interest to the liquidation estate rank highest after costs.
Can SARFAESI and IBC proceedings run simultaneously?
SARFAESI enforcement against the secured assets of a corporate debtor is automatically stayed upon imposition of IBC moratorium under Section 14. However, SARFAESI can be reinitiated if: (a) the IBC application is dismissed; (b) the resolution plan is not approved within 330 days and the company goes into liquidation; or (c) the secured creditor opts out of the liquidation waterfall by enforcing its security separately (Section 52 IBC). Strategic coordination between SARFAESI and IBC filings is critical.
IBC & Insolvency Strategy
Advocate Subodh Bajpai · Unified Chambers and Associates · Delhi High Court