Home Buyers now Financial Creditors - The Insolvency & Bankruptcy Code (2nd Amendment) 2018
The Insolvency and Bankruptcy Code was enacted by the Parliament in 2016. In January 2018, the Government had brought first amendment to this act and in June 2018 Government brought second amendment though ordinance. In monsoon session of the Parliament, in July 2018 it was introduced to the Parliament. The bill was passed by the Parliament on August 10, 2018 and it received the assent of the President on the 17th August, 2018. The 2 nd amendment is important in terms of home buyers, MSME promoters, complexity regarding section 29A, voting percentage required for resolution plan and so on. Let’s analyse the key features of this amendment. Salient Features of ”The Insolvency and Bankruptcy (2 nd Amendment) 2018”: Home buyers are now Financial Creditors: In 2016 IBC code there was no security for home buyers as the act had neither classified home buyers as operational creditor nor the financial creditor i.e even if they can submit their proof of claim to IBC process...