Profitable Companies Can Face Insolvency Proceedings If They Default On Loans: Supreme Court
The Supreme Court on Thursday held that a company’s profitability does not prevent insolvency proceedings under the Insolvency and Bankruptcy Code (IBC). A financial default, rather than commercial or balance-sheet insolvency, triggers the Corporate Insolvency Resolution Process (CIRP). “Profitability is neither legally relevant to, nor economically probative of, the capacity to service debt. The Code…

