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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.

Originally published in SCC Times

This page is a summary. The full article, with citations, is available on SCC Times.

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About the author

V.P. Singh is a Partner at Revera Legal. He is a former Member of the National Company Law Tribunal and the National Company Law Appellate Tribunal, and a former District Judge, with over 35 years in judicial service and over 200 reported judgments.

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Copyright in the full article rests with its author and publisher. This summary is for general information only and does not constitute legal advice.

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