Manual Imperfect (Lacuna)

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  1. [Lacuna 01] • Imperfect
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  4. Desperation - The Island #1

The voting share of the parties in the Committee of Creditors is proportionate to the amount owed to them. The amount owed to individual Homebuyers is significantly less in comparison to the amount owed to other financial creditors such as banks etc which would result in the homebuyers having negligible influence over the actions of the Committee Thus, the voting share of homebuyers must be calculated on a collective level instead of computing their voting shares individually. Further, clarifications are needed regarding computation of voting shares in cases when some homebuyers fail or refuse to vote.

It is also important to note that the benefit of the amendment will be more effective in such cases where the voting share of the homebuyers exceeds 35 Percent.

This is so because a resolution on a major decision will be passed in the Committee of Creditors only if it garners the support of more than 66 percent of the total voting share of the financial creditors. It is widely believed that the relationship of Homebuyers towards developers bears more resemblance to that of an operational creditor rather than a financial creditor. The main reason for not classifying them as operational creditors is that the code refers to the provision of goods and services and does not contemplate immovable property within the ambit of operational debt.

The utilization of funds cannot be considered as an adequate criterion to classify the relationship between the parties as financial since the sellers of goods and services may use the advance money received from customers to finance their business activities.

[Lacuna 01] • Imperfect

The T. Vishwanathan headed Bankruptcy Law Review Committee BLRC excluded the operational creditors from being a part of the committee of creditors because of two reasons. First, the operational creditors were considered as incapable to assess the viability and decide on matters of insolvency of the defaulting entity.

Secondly, the operational creditors were considered as unwilling to assume risks of postponing payments for better future prospects of the entity.

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However, this amendment will now allow thousands of individuals to be part of the Committee of Creditor irrespective of their ability to assess viability or willingness to negotiate existing terms and conditions of repayment which the BLRC considered important enough to disqualify operational creditors. Taming of a Sex God Virginia Nelson. Lawrence Matthew. Proverbs Wisdom from the Bible Brad Haven. A Christmas Gift Stella Wilkinson.

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