Archive · 13 Dec 2025
IBBI to prioritise MSME dues in insolvency cases
The Insolvency and Bankruptcy Board of India (IBBI) is planning to review the rules for distributing money when a company goes bankrupt.
Right now, small and medium-sized businesses (MSMEs) get paid last, but the IBBI wants to change that so MSMEs get paid earlier, like big banks and other secured creditors.
This change is being considered because MSMEs often don't get much money back when a company fails.
However, some experts are worried that this might not help much and could hurt other creditors.
The government is still studying the idea and hasn't decided when to make any changes.
IBBI plans to review the waterfall mechanism under IBC to prioritise MSME dues.
Current IBC rules place MSMEs as operational creditors, the lowest in the hierarchy of claims.
A market study is planned but the timeline is yet to be decided.
Experts suggest that recoveries for MSMEs may improve marginally but express concerns about the impact on secured creditors.
The Supreme Court upheld the current waterfall mechanism in the Swiss Ribbons case in 2019.
- Who
- The Insolvency and Bankruptcy Board of India (IBBI) and the Ministry of Corporate Affairs (MCA).
- What
- A review of the waterfall mechanism under the Insolvency and Bankruptcy Code (IBC) to prioritise MSME dues.
- When
- The timeline for the market study is yet to be decided.
- Where
- India.
- Why
- To safeguard the interests of MSMEs and address the current subordination of their dues in the liquidation process.
- Current Priority
- MSMEs are currently classified as operational creditors, the lowest level in the hierarchy of claims during liquidation.
- Proposed Change
- IBBI plans to review the waterfall mechanism to prioritise MSME dues, potentially classifying them at par with secured creditors.
- Timeline
- The timeline for the market study is yet to be decided by the IBBI.
- Recovery Rates
- IBC recovery rates stand at 32.44% as of September 2025.
- Expert Opinion
- Experts suggest that recoveries for MSMEs may improve marginally, but there is concern about the impact on secured creditors.