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Ans: The Adjudicating Authority may pass orders for the liquidation of the corporate debtor if the resolution plan is not filed within 180 days of insolvency commencement date or such other extended period.
Selling or closing the business. identifying and selling the company's assets. contacting and receiving claims from creditors. sending progress reports to creditors.
While the company structure survives during the liquidation process, once the process is finalised, the company is dissolved. During the process, all control of assets, the conduct of business, and any other financial affairs are transferred to the liquidator. Essentially, directors have no authority.
Liquidation is the process of converting a company's assets into cash, and using those funds to repay, as much as possible, the company's debts. Liquidation results in the company being shut down.
After passing of an order for liquidation of the corporate debtor under section 33 of Insolvency Code, 2016 by Adjudicating Authority, the resolution professional appointed for the corporate insolvency resolution process under chapter II shall, subject to submission of a written consent by the resolution professional
Secured creditors are those who have security interest over some or all of the company assets, they are usually the first to get paid.
The Hon'ble court held that the order of priority enlisted under Section 53 is to be followed only during the liquidation of the corporate debtor and not during the approval of CIRP.
If a company goes into liquidation, all of its assets are distributed to its creditors. Secured creditors are first in line. Next are unsecured creditors, including employees who are owed money.
When a company goes bankrupt, secured creditors get paid first. This includes secured bondholders. These are creditors who offered loans secured by physical assets. Usually they get paid by reclaiming their property.
The priority of payment in liquidation are as follows: The costs of liquidation. Secured creditors. Priority unsecured creditors (employees)