Virtual Digital Assets under the IBC: Can Decentralised Assets be Controlled and Preserved in CIRP?

Introduction The Insolvency and Bankruptcy Code, 2016 ("IBC") was enacted to establish a consolidated, time-bound insolvency resolution framework in India, based on the maximisation of the value of assets of the corporate debtor, balancing stakeholder interests, as reflected in its Preamble. The Code is asset-based in its statutory structure, and assumes that in the process of insolvency resolution, identification, protection, and maximisation of recovery of all assets constituting the...