Insolvency And Restructuring

The Firm possesses substantial experience in the practice of corporate restructuring and insolvency. Since the introduction of Insolvency and Bankruptcy Code in 2016 (“Code”), the firm has not only been involved in litigation under the Code but has also contributed significantly towards development of interpretation of various aspects of the Code.

The Firm understands the dynamism of the market situation and assists its client to rescue its distressed business operations by restructuring its debts through various means which are tailored to suit their needs, including but not limited to, formulating strategy on pre-insolvency contingency plans and debt-restructuring; negotiation and settlement with creditors, lenders and members; distressed financing and rescheduling debts; corporate restructuring through mergers, acquisitions, amalgamations, take overs, demergers, etc.

Since the enactment of the Code, the firm has been closely working with Corporate Debtors, Financial and Operational Creditors, Resolution Professionals, Liquidators, Resolution Applicants and Committee of Creditors and have assisted them in navigating through the complexities of the Code. The firm has represented various multinational companies and high net worth individuals in matters filed under sections 7, 9, 10, 59, 60(5) etc. of the Code. Our clients range from large multinational corporations to major financial institutions, as well as high-profile individuals.

Our Bankruptcy and Restructuring Practice works closely with other practice areas within the firm to provide a comprehensive solution encompassing financial restructuring and recovery, insolvency, corporate reorganisation, restructuring of non-performing assets, creditors’ rights, and contingent preparedness against any peripheral litigation. Our full-service experience enables us to provide clients with commercially relevant legal advices and create viable safeguards to protect their businesses.

Our Insolvency and Restructuring services include:

• Advisory in pre-insolvency stages and formulating contingency strategies.
• Debt reconstruction through mergers, acquisitions, amalgamations, take over, demergers, etc.
• Advisory and assistance to potential acquirers or sellers of distressed businesses or assets, whether through statutory insolvency, pre-packaged sales or in financially distressed situations.
• Drafting of Petitions, applications and various notices under the Code.
• Acting as the legal counsel for the RP or Liquidator in the CIRP and liquidation process respectively.
• Representation before NCLT, NCLAT, High Court and Supreme Court in matters relating to CIRP and Liquidation Proceedings.
• Drafting, filing and contesting claims before the Interim Resolution Professional.
• Participating in the meetings of the Committee of Creditors (CoC) for and on behalf of the financial creditors.
• Preparing and reviewing of Resolution Plans.
• Drafting, filing and contesting applications and appeals on behalf of prospective resolution applicants including applications pertaining to approval and implementation of resolution plans.
• Drafting EoIs and RP’s and assisting in negotiations with the CoC.
• Legal & Transactional Due Diligence.
• Preparation of statutory reports, notices, legal opinion, communications with stakeholders.
• Advisory services pertaining to various aspects of proceedings under the Code etc.