Insolvency

Legal

Quick Definition

Insolvency is a financial condition where an individual or company is unable to pay its debts when they become due.

Detailed Explanation

Insolvency occurs when liabilities exceed assets or when there is insufficient cash flow to meet obligations. It is an early stage of financial distress and may lead to bankruptcy if not resolved.

In India, insolvency cases are governed by the Insolvency and Bankruptcy Code 2016, which provides a structured process for resolving or liquidating distressed entities.

Types of Insolvency

  • Cash Flow Insolvency: Cannot pay debts on time
  • Balance Sheet Insolvency: Liabilities exceed assets
  • Insolvency: Financial condition
  • Bankruptcy: Legal declaration of insolvency

Why Insolvency Matters

  • Affects creditors and lenders
  • Impacts business continuity
  • May lead to restructuring or liquidation

Resolution Process (India)

  • Filing application before NCLT
  • Appointment of resolution professional
  • Revival plan or liquidation

Insolvency vs Bankruptcy

  • Insolvency: Financial condition
  • Bankruptcy: Legal declaration of insolvency

Example

"A company cannot pay its loan EMIs due to cash shortage—this is insolvency."

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