Vol. 16, Issue 1, Jul-Dec 2023

Page: 193-201

The Evolution and Impact of the Insolvency and Bankruptcy Code (IBC) on the Real Estate Industry: A Comprehensive Analysis

Akhil Kumar

Received Date: 2022-09-15

Accepted Date: 2022-10-17

Published Date: 2022-10-25

The Insolvency and Bankruptcy Code (IBC), introduced in 2016, significantly transformed Indias approach to insolvency, particularly within the real estate sector.This paper examines the impact of the Insolvency and Bankruptcy Code (IBC) on Indias real estate sector, highlighting the inclusion of homebuyers as financial creditors and key judicial rulings. It identifies challenges like conflicts between stakeholders and misuse of the insolvency process. The study advocates for sector-specific reforms to improve resolution processes and enhance coordination with the Real Estate (Regulation and Development) Act (RERA) to ensure balanced, effective insolvency management.

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References

• Ministry of Law and Justice, Government of India (2016) The Insolvency and Bankruptcy Code, 2016. Available at: https://www.ibbi.gov.in/legalframework/act.
• IBC (Amendment) Act, 2018 (2018) The Insolvency and Bankruptcy Code (Amendment) Act, 2018. Ministry of Law and Justice, Government of India. Available at: https://www.ibbi.gov.in/legalframework/act.
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