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IBC & Insolvency · 28 September 2026

Avoidance of Transactions Under the IBC: Preferential, Undervalued, Extortionate and Fraudulent Transactions

A guide for a resolution professional, liquidator, or a party that received payment or a transfer from a company that has since gone into CIRP, explaining the PUFE categories the IBC allows a tribunal to unwind, the look-back periods, and what a recipient of an avoided transaction risks.

By S&S Co. Advocates & Solicitors · Published 28 September 2026 · Informational content, not legal advice: see our disclaimer

Overview

A guide for a resolution professional, liquidator, or a party that received payment or a transfer from a company that has since gone into CIRP, explaining the PUFE categories the IBC allows a tribunal to unwind, the look-back periods, and what a recipient of an avoided transaction risks.

What You Need to Know

Frequently Asked Questions

What are the four PUFE categories a resolution professional can seek to avoid?

Preferential transactions (Sections 43-44), undervalued transactions (Sections 45-48), extortionate credit transactions (Sections 50-51), and fraudulent or wrongful trading (Sections 49 and 66).

How far back can a preferential transaction be avoided?

Two years before the insolvency commencement date for transactions with a related party, and one year for transactions with an unrelated party: transactions outside these windows generally can't be avoided as preferential.

Can a resolution plan wipe out a pending avoidance application?

Courts have held that a resolution plan cannot ordinarily extinguish an avoidance application that was not disposed of before the plan's approval, though this remains a developing, judicially contested area.

References & Further Reading

This guide references the following statutes, rules and sources, cross-checked at the time of writing.

  1. Four PUFE categories and their governing sections (43-44 preferential, 45-48 undervalued, 50-51 extortionate, 49/66 fraudulent/wrongful trading): well-settled statutory framework, confirmed via Bar and Bench, IBC Laws and multiple practitioner guides at research time
  2. Two-year (related party) / one-year (unrelated party) look-back periods for preferential transactions under Section 46: well-settled, confirmed at research time
  3. Treatment of avoidance applications surviving a resolution plan's approval where not yet disposed of: an evolving, judicially contested area per SCC Online Blog's 'doctrinal gaps' commentary at research time: present as a developing area of law rather than a settled, uniform rule, and verify the current judicial position (including any 2025 IBC amendment referenced by sources) at drafting time
  4. See also our IBC & Insolvency Notable Judgments and Legal Updates: IBC & Insolvency archive.
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