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ED Identifies Recurring IBC Malpractices Including Section 29A Circumvention and Disproportionate Haircuts

Target:UPSC GS-IIMPSCBankingTeachingSSC GAPrelims HighMains HighStatic GK Link
15 Sept 2026
~2 min
Source: Indian Express
Key Data:Recovery rate 29% (FY22-26)FY26 recovery 20%Rs 6.25 Cr settlement vs Rs 22,006.57 Cr claimsSection 29A IBCSection 14 IBC (moratorium)Section 32A IBC (immunity)
Bodies:Enforcement DirectorateNational Company Law TribunalPMLAIBCCommittee of Creditors
Practice MCQs from today's news ▸
What This Article Covers

1.ED's 36th QCZO identified re-examination of collusive resolution cases with large haircuts as a core thrust area.

2.Recurring malpractices flagged include circumvention of Section 29A, inflation of related-party claims, asset stripping, and manipulation of Committee of Creditors.

3.Creditors recovered only 29% of claims on average between FY2021-22 and FY2025-26, with FY26 recovery falling to 20%.

The Big Picture
Prelims · HighMains · High

The Enforcement Directorate (ED) has flagged misuse of the Insolvency and Bankruptcy Code (IBC) by defaulting promoters who use collusive resolution processes with disproportionately large haircuts to regain control of their companies. This comes amid growing concerns over low creditor recoveries (average 29% over five years) and legal tensions between IBC's moratorium/immunity provisions and the Prevention of Money Laundering Act (PMLA). Students must understand the conflict between resolution and recovery objectives, key sections (14, 29A, 32A), and the ED's intervention strategy.

Exam Lens

Quick Exam Facts From News

Average Recovery Rate (FY22-26)29%
FY26 Recovery Rate20%
Subhash Chandra SettlementRs 6.25 Cr vs admitted claims of Rs 22,006.57 Cr
Key IBC SectionsSection 14 (moratorium), Section 29A (promoter ban), Section 32A (immunity to new buyer)

1-Minute Revision

  • ›Average Recovery Rate (FY22-26): 29%
  • ›FY26 Recovery Rate: 20%
  • ›Target this Data: Average IBC recovery rate FY22-26 = 29%; FY26 = 20%
  • ›Target this Nodal Body: Enforcement Directorate (ED) under PMLA
  • ›Target this Legal Point: Section 29A of IBC – prohibition on defaulting promoters from bidding

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Q1Static LinkageEasy

Which agency identified recurring malpractices under the Insolvency and Bankruptcy Code and flagged them as a thrust area at its 36th Quarterly Conference of Zonal Officers?

Q2Statement-basedHard

Consider the following statements:

1. Section 29A of the Insolvency and Bankruptcy Code prohibits defaulting promoters and wilful defaulters from bidding for their own company during insolvency.

2. Between FY2021-22 and FY2025-26, the average recovery rate for creditors under IBC was 37%.

3. The Enforcement Directorate can attach assets under the Prevention of Money Laundering Act even after a resolution plan is approved under the IBC.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the article, what was the average recovery rate of creditors under the Insolvency and Bankruptcy Code between FY2021-22 and FY2025-26?

Q4Application/ImpactMedium

What is the primary objective of the Insolvency and Bankruptcy Code according to the government, as mentioned in the article?

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