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International Journal of Law and Management: A panacea for small firm insolvencies? A critical review of the pre-pack scheme launched in India


Abstract
Purpose – To augment the Insolvency and Bankruptcy Code, the Indian Government introduced the prepackaged insolvency process exclusively for small and medium firms. This paper aims to critically review
some of the key features of the process and also identifies potential glitches imminent in the initial years of
implementation.
Design/methodology/approach – This study is descriptive and based on secondary data. The
provisions of the pre-pack scheme, Insolvency and Bankruptcy Code and reports on the progress of
insolvency resolution in India are used to substantiate the observations.
Findings – This study shows that pre-packs would certainly help enhance the small and medium enterprise
insolvency resolution process in India. However, the ambitious time frame can be adhered to only if the
institutional framework for bankruptcy is strengthened.
Research limitations/implications – This paper is based on the initial regulatory provisions of the
pre-pack process. Subsequent changes in regulations may affect the findings.
Practical implications – Some of the concerns in the process and the changes required to facilitate a
smooth, speedy and efficient resolution process have been highlighted in this study.
Originality/value – Pre-packs are a very recent introduction to the insolvency regime in India. This paper
makes a fervent attempt to explain the pre-pack process and the outcomes that can be expected in the early
years after its rollout.
D. Kavitha - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2022
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
D. Kavitha. (2022).International Journal of Law and Management: A panacea for small firm insolvencies? A critical review of the pre-pack scheme launched in India.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd