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Finshots Daily

Why do creditors misuse the Insolvency Code?

Sep 25, 2023
09:05
Snipd AI
The podcast discusses creditors' misuse of the Insolvency and Bankruptcy Code, highlighting a court battle between tech companies and the challenges in defining disputes. They also talk about the slow debt resolution process despite the goal of expediting resolutions.
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Podcast summary created with Snipd AI

Quick takeaways

  • Creditors misusing the Insolvency and Bankruptcy Code hampers the effectiveness of the law.
  • Defining what constitutes a dispute in insolvency court is a subjective challenge.

Deep dives

Misuse of the Insolvency Code

Creditors misusing the Insolvency and Bankruptcy Code (IBC) is a major issue in the legal system. The case of Mobile-ox Innovations highlights this problem. Mobile-ox had an outsourcing agreement with Kirusa Software, but when Kirusa didn't receive payment, it wanted to initiate insolvency proceedings against Mobile-ox. However, the Supreme Court dismissed the case because it was based on a dispute rather than the inability to pay. The misuse of the IBC not only wastes court time but also hampers the effectiveness of the law.

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