POST GRADUATE INSOLVENCY PROGRAMME

VIRTUAL DIGITAL ASSETS AND INSOLVENCY LAW IN INDIA: EMERGING LEGAL ISSUES

Virtual Digital Assets (VDAs) are cryptographic representations of value such as cryptocurrencies and non-fungible tokens (NFTs) that can be traded, transferred or used for payment electronically, excluding traditional fiat currencies. The Indian legal regime has recognized crypto assets as “virtual digital assets” only for the limited purposes of taxation and anti-money laundering activities. In India, they are subject to a 30% of income tax and 1 % TDS on transfers, with no set-off for lo

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Ananya Singh

Batch 2026

02 Mar 2026

Insolvency Practice 230

REVISITING VOTING MECHANISM UNDER THE IBC THE NEED FOR CLARITY ON ABSTENTION

The Insolvency and Bankruptcy Code, 2016 (IBC) has witnessed 6 amendments in the past years since its implementation in 2016. But there are about 84 amendments in the Regulations under IBC. However, there still exists some grey areas which create problems in the implementation of the law and its related provisions.

Insolvency Practice 146

IBC: A Response to Delays, Defaults, and Debt Traps

India’s financial system, until recently, grappled with a major problem: ineƯective and delayed mechanisms for resolving bad debts and insolvency. Insolvency and debt crises have long posed significant challenges to India’s economic stability. For years, lenders, whether financial institutions or operational creditors, struggled to recover dues from defaulting businesses through a maze of outdated and fragmented laws.

Insolvency Practice 182

Hidden Hedging: Protecting the CoC's Integrity

Credit Default Swaps (CDS) protect lenders from borrower default but create a conflict with India’s Insolvency and Bankruptcy Code. Fully hedged lenders (“empty creditors”) may prefer liquidation over revival, as they benefit from CDS payouts despite holding voting power in the Committee of Creditors. The blog calls for mandatory disclosure of CDS hedging and reduced voting rights for such creditors to protect the IBC’s goal of value maximization and long-term viability.

Insolvency Practice 405