Lectures on Bankruptcy and Insolvency Laws (Notes / Guide Books)

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Description
Lex Loci (Knowledge of law of land) is sine qua non to every citizen as ignorantia juris non excusat (ignorance of law is not an excuse). Though there are certain exceptions to this principle, in a democratic country like India, every citizen shall have legal education enabling him to exercise his legal rights effectively and in a proper manner. As rightly stated in the prescribed syllabus, as objectives of the subject "Bankruptcy and Insolvency laws" by the University "The main concern of law is the regulation and balancing of socio economic and political interests. In regulating the economic front, law has to take into account of negative economic impact in the situation of socio-legal problems. The bankruptcy law becomes relevant in this context. The constitution confers on the Union and the States to legislate on bankruptcy - the inability to pay debts. The Indian laws contain elaborate provisions on the status of insolvent persons, legal conditions of insolvency, insolvency proceedings, and distribution of property of the insolvent and on litigation by and against insolvent persons. These laws have to be looked at with a comparative approach....." It is pertinent to mention, considering the present Indian economic situation, it is expedient to have more effective economic legislations. Insolvency and Bankruptcy Laws is the most dynamic and progressive economic law. Though not from examination point of view, the students need to understand the requirement of knowledge of this subject, and to study this area of law as a career option, and hence the need for study of this area of law need not be exaggerated.
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Contents
PART-A
1. General Introduction
1.1 Genesis of Law of Individual Insolvency & Bankruptcy.
2. Insolvency Jurisdiction
3. Acts of Insolvency
4. Insolvency Petition
5. Appointment of Interim Receiver
6. Interim Proceedings against the Debtor
7. Duties of Debtor
8. Release of Debtor
9. Procedure at Hearing.
10. Dismissal of Petition Filed by a Creditor
11. Order of Adjudication
12. Proceedings Consequent on Order of Adjudication
13. Annulment of Adjudication
14. Post Adjudicatory Scheme for Satisfaction of the Debt
15. Discharge of Debtor
16. Effect of Insolvency on Antecedent Transaction...
17. Realisation of Property
18. Distribution of Property
19. Offences by Debtors
20. Disqualification of Insolvent
21. Appeal
22. Indigent Persons
23. Other Aspects
PART-B
INSOLVENCY AND BANKRUPTCY CODE 2016
24. Introduction
25. Bankruptcy Law Reforms Committee (BLRC)     
       Report-IBC-Its Importance - Salient Features and Key Issues Involved.
26. Dissection of IBC
27. Insolvency Resolution and Liquidation Processes for Corporate Persons - (Chapter-II-
       Sections 4 to 77) - IBBI (Insolvency Resolution Process for Corporate Persons) Regulations 2016
28. Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms, Personal Guarantors to
       Corporate Debtors Penalties and Imprisonments.
29. Insolvency and Bankruptcy Board of India (IBBI)-Regulation of Insolvency Professionals (IPS),
       Insolvency Professional Agencies (IPAS), Information Utilities (IUs) and Registered Valuers (RVS)
30. Offences and Penalties (Part-II-Chapter-VII Offences and Penalties
      (Sections 68 to 77) & Punishments provided in other parts of IBC)
31. Cross Border Insolvency
32. Constitutional Validity of IBC-(Swiss Ribbons Pvt. Ltd. & Anr. vs Union of India & Ors WP (Civil)
      No 99/2018) Judgement dated 25th January 2019)
PART-C
33. Amendments to Insolvency & Bankruptcy Code 2016
SV University Question Papers
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Author Details
Dr Raja Mogili Amirisetty, did research under guidance of Dr. Avtar Singh on "Industrial sickness, the Labour, Law and Policy in India" for award of Doctorate in Law from Osmania University, based on hypothesis that the Sick Industrial Companies (Special Provisions) Act 1985, other Insolvency legislations and winding up provisions were not able to achieve the desired objective, rather were misused. It is pertinent to mention that most of his recommendations were incorporated in Insolvency and Bankruptcy Code 2016. Dr Raja Mogili Amirisetty was recognised as one of the best Lecturers throughout teaching career as member of Law Faculty, Osmania University. He is also a visiting faculty to Hyderabad Chapter of ICSI, Symbiosis International Law School and Dr. Marri Chenna Reddy Human Resource Development Institute for various subjects like IBC, Law of Contracts, Arbitration Law, Labour Laws, Company Law, Constitutional Law and Tax Laws etc. He also has wide experience in corporate restructuring and revival was associated with Tata Projects Ltd., for over a decade as Company Secretary and Head Legal. Authored books titled (i) Textiles - Law & Policy; (ii) Law relating to Government Contracts; and (iii) The Drone Law in India (with special reference to opportunities available to Start-Ups).