Supreme Court Upholds Validity of Section 101 IBC, Addresses Concern Over Post-Moratorium Creditor Actions in Individual Insolvency

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The Supreme Court Bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar addressed a writ petition along with linked interlocutory applications and observed that Section 101 of the Insolvency and Bankruptcy Code, 2016, which prescribes a 180-day moratorium period for individual insolvency, is constitutionally valid. The Court affirmed that the moratorium for individual insolvency is distinct from corporate insolvency and serves a different purpose. While dismissing the writ petition, the Court issued notice on the limited concern that post-moratorium creditor actions might undermine the insolvency framework.

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