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Insolvency Code Being Used As A Debt Recovery Tool

Do operational creditors wield disproportionate power by using the Insolvency Code as a recovery tool?

An investor uses a calculator at a brokerage in Taipei. (Photographer: Maurice Tsai/Bloomberg News)
An investor uses a calculator at a brokerage in Taipei. (Photographer: Maurice Tsai/Bloomberg News)

India’s one year old insolvency regime has seen around 2,400 applications so far. Out of these, a majority have been filed by operational creditors such as vendors, suppliers and employees who can potentially force the company into liquidation for a default of as low as Rs 1 lakh.

So do operational creditors wield disproportionate power by using the Insolvency Code as a recovery tool?

And how does that fit into the objective of the Code of maximising asset value of distressed companies?

Watch the discussion with lawyers and resolution professionals on BloombergQuint’s weekly series Fineprint.