When a person finds himself/herself unable to repay the debt that they owe to the financial or operational creditor, then that person is deemed insolvent. The Insolvency and Bankruptcy code 2016 bring forward an insolvency resolution if the person is a corporate debtor to make sure that:
- Alleviating the corporate debtor (person) from their debts.
- Proper distribution of assets of the corporate debtor among the Operational/financial creditors.
- Making sure that the above is done in a fair and square manner.
However, the road from being insolvent to insolvency resolution is not a straight line. There are multiple factors that play a major role here. One of the main roles is played by the Committee of Creditors.
Section 9 and company of creditors
Once there has been no positive solution for section 8 Demand notice, the operational/financial creditor can file a petition to NCLT to start the process of insolvency resolution. How is this resolution process reaches the resolution is something that is determined by the committee of creditors.
The final approval of the insolvency resolution plan is subjective the voting percentage from the committee of creditors. In the Insolvency and Bankruptcy Code 2016, the collective decision of the 75% of the committee was taken into account. However, as of Insolvency and Bankruptcy code 2018, this percentage is reduced to 66%.
Committee of Creditors: The definition
Committee of creditors is a committee that comprises of the representatives of the operational/financial creditors to whom the Corporate Debtors owes a debt to. The purposes of the Committee of creditors are:
- Making decisions in the routine tasks associated with the Corporate Insolvency resolution Process (CIRP).
- Approving or rejecting the Insolvency resolution plan.
- Deciding upon the liquidation of the corporate debtor.
The creditor of the committee is mostly comprised of financial creditors rather than operational creditors. Regardless, the final decision pertaining to the resolution plan falls upon this particular committee.