Op-Ed · SCC Times · 17 September 2026
The Creditor Takes the Wheel: Control, Custody and the New Creditor-Initiated Insolvency Resolution Process
An analysis of the creditor-initiated insolvency resolution process (CIIRP) introduced by the Insolvency and Bankruptcy Code (Amendment) Act, 2026, through a new Chapter IV-A (Sections 58-A to 58-K). A notified class of financial creditors can start the process out of court by appointing a resolution professional, without an admission order from the NCLT, while management remains with the debtor’s board under the professional’s supervision.
The article maps the process and examines its main fault-lines from the perspective of the debtor, the creditors and the statute as a whole: control and custody (Section 58-F), the application-based moratorium (Section 58-G), conversion into a full CIRP (Section 58-H), and the relocation of due process to a later objection stage (Sections 58-B and 58-C).
It concludes that CIIRP is best understood as supervised, reversible custody, and notes that the chapter still awaits notification of eligibility categories and the Board’s regulations.
This page is a summary. The full article, with citations, is available on SCC Times.
Read the full article on SCC Times ↗Copyright in the full article rests with its author and publisher. This summary is for general information only and does not constitute legal advice.
Speak with the right partner.
Tell us about your matter and we will come back to you promptly.
