LL.B. (Three Years) Bankruptcy and Insolvency Law Syllabus - SPPU 2026
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Syllabus for Bankruptcy and Insolvency Law
Course aims
- The Insolvency and Bankruptcy Code, 2016 consolidated and amended the law relating to reorganization and insolvency resolution of corporations, partnership firms, and individuals. The course will enlighten students about the historical aspect of insolvency and bankruptcy and its legal aspect in detail. The Course will give the student an overview of the law that not only opens opportunities for specialized practice in this area, but also in the course of transacting, and due diligence investigation. The student will apprise of the Insolvency resolution process, the distinction between Insolvency and Bankruptcy, the function of regulation in this area, the functioning of various authorities. The aim of the course is to enable student to understand the difference between insolvency and bankruptcy and other legislations.
Outcomes
- ● Students will be enlightened about the historical aspects of insolvency and bankruptcy laws
- ● Students will get thorough knowledge about the various concepts and legal principles.
- ● Profound understanding about the procedure, powers and functions of various authorities established under Insolvency and Bankruptcy Code will be admirable effect after completion of the course.
- ● Students will be able to grasp learning of the process to get remedy for insolvency and bankruptcy.
Module 01: Introduction
- 1. Historical perspectives of insolvency and bankruptcy laws
- 2. Need, objects and application of the Code
- 3. Definitions of the terms: claim, charge, corporate person, corporate debtor, core services, creditor, debt, default, financial information, financial institution, financial product, financial service, financial sector regulator, insolvency professional, person, property, security interest
- 4. Concepts of - insolvency and bankruptcy, debtors and creditors
Module 02: Insolvency Resolution and Liquidation Process for Corporate Persons
- 1. Corporate insolvency resolution process
- 2. Liquidation process
- 3. Fast track Corporate Insolvency Resolution Process
Module 03: Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms
- 1. Insolvency resolution process
- 2. Bankruptcy order for individuals and partnership firms
- 3. Administration and distribution of the estate of the bankrupt
Module 04: Authorities under the Code
- 1. Insolvency and Bankruptcy Board of India
- 2. Powers and functions of the Board
- 3. Insolvency Professional Agencies
- 4. Information utilities
- 5. Inspection and investigation
Module 05: Adjudicating Authorities under the Code
- 1. Adjudicating Authorities for Corporate Persons
- 2. Adjudicating Authorities for Individuals and Partnership Firms
- 3. Appeals
Module 06: Insolvency and Bankruptcy Code vis-à-vis Other Legislations
- 1. The Companies Act, 2013
- 2. The Sick Industrial Companies (Special Provisions) Repeal Act, 2003
- 3. The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
- 4. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993
- 5. The Presidency Towns Insolvency Act, 1909, and the Provincial Insolvency Act, 1920
Module 07: Offences and Penalties for Contravention of the Provisions
- 1. By the debtor
- 2. By the creditor
- 3. By the bankrupt
Module 08: Cross Border Insolvency
- 1. UNCITRAL Model Law on Cross Border Insolvency
- 2. World Bank Principles for Effective Insolvency and Creditor Rights
- 3. Asian Development Bank Principles of Corporate Rescue and Rehabilitation
Additional Readings
- 1. Guide to Insolvency and Bankruptcy Code, Taxmann, 2016.
- 2. The Report of the Bankruptcy Law Reforms Committee, Nov 2015, available at www.ibbi.gov.in/Reports.html.
- 3. The Report of the Joint Committee on the Insolvency and Bankruptcy Code, 2015, Lok Sabha, 2017, available at www.ibbi.gov.in/Reports.html.
- 4. Mulla, The Law of Insolvency in India, 6th ed., LexisNexis, 2017.
- 5. Sumant Batra, Corporate Insolvency: Law and Practice, Eastern Book Company, 2017.
- 6. The Companies Act, 2013
- 7. The Sick Industrial Companies (Special Provisions) Repeal Act, 2003
- 8. The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
- 9. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993
- 10. The Presidency Towns Insolvency Act, 1909,
- 11. The Provincial Insolvency Act, 1920
- 12. UNCITRAL Legislative Guide to Insolvency Law
Any other information
- 1. The topics, cases and suggested readings given above are not exhaustive.
- 2. Teachers of the Course shall be at liberty to add the case/suggested readings.
- 3. Students are required to study/refer to the legislations as amended from time to time, and consult the latest editions of books on this course.
Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.
The complete syllabus
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Complete LL.B. syllabus
Revised syllabus (CBCS 2023 pattern), as amended on 18 July 2024
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