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Personal guarantee muddle: no insolvency process can manufacture asset value that doesn't exist

India's IBC isn't a recovery law; large "haircuts" reflect economic reality, not legal failure. The Subhash Chandra case highlights the crucial distinction between claims and available assets. A personal guarantee is a contingent obligation, its value tied to the guarantor's estate. The article advocates for stronger investigative mechanisms in Part III of the IBC to identify hidden assets. It stresses that the law cannot create non-existent value. Scrutiny should enhance process effectiveness, not fault the law for estates lacking inherent value.

LiveMint · M. S. Sahoo, Raghav Pandey · Sep 21, 2026 at 8:30 AM

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