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.
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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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