IBC PUFE Avoidance Transactions & Section 66 Forensic Screener
A diagnostic forensic screening engine for Resolution Professionals (RPs), Committee of Creditors (CoC), Promoters, and Corporate Counsel: evaluate commercial transactions against the avoidance provisions of the Insolvency and Bankruptcy Code (IBC), 2016 (Sections 43, 45, 50, and 66). Computes statutory look-back periods, ordinary course defenses, and NCLT evidentiary exposure in-browser.
Transaction Parameters & Facts
Months elapsed between transaction date and admission of Section 7/9/10 petition by NCLT.
Preferential Transaction Risk
Within statutory 2-year lookback period for related parties.
Ordinary course defense absent; vulnerable to reversal by NCLT.
Clawback order under Section 44 vesting transferred asset back in Corporate Debtor.
- Ledger copies demonstrating customary payment cycle
- IBBI Registered Valuer benchmark at transaction date
- Board resolution proving commercial bona fides
Anuj Jain v. Axis Bank (2020) 8 SCC 401: Supreme Court held that mortgaging corporate debtor assets for parent company debts without direct corporate benefit falls squarely within Section 43 preferential avoidance, regardless of promoter bona fides.