04th June, 2021

04th June, 2021

04th June, 2021

The Insolvency and Bankruptcy Board of India, in association with the International Insolvency Institute, are jointly organizing a series of webinars, to sensitize the stakeholders and create awareness about various provisions and the global best practices regarding Avoidance Transactions. The second of such webinars on “Avoidance/ Vulnerable Transactions: Case Management in INDIA/UK”, was conducted on 04th June, 2021, in virtual mode. The keynote address was delivered by Dr. M. S. Sahoo, Chairperson, IBBI. The panellists included Mr. Ben Jones (Simmons & Simmons LLP, London); and Ms. Sonya L. Van De Graaff (Avonhurst). Mr. Sumant Batra (Kesar Dass B & Associates) moderated the Webinar. The Chairperson, IBBI, in his keynote address emphasized the role of Insolvency Professionals in filing applications for avoidance transactions, before the Adjudicating Authority, under the Code. He also cited few judicial pronouncements regarding avoidance transactions. Further, he posed several challenges concerning avoidance transactions such as suitably motivating the Insolvency Professionals (IPs) to unearth avoidance transactions, monitoring the actions of IPs in this regard, etc. The panellists discussed the best practices regarding the identification of avoidance transactions in the UK. They also discussed the tasks of the IPs, the principle of pari passu, report on the director’s behaviour, etc. The event included Q & A session wherein several issues were addressed including the time spent by the IPs in forensic audit in avoidance transactions; who will benefit from the proceeds of such transactions, the viability of the out of court settlement, cross border insolvency vis-à-vis avoidance transactions, among many other questions.