INSOLVENCY AND RESTRUCTURING

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INSOLVENCY AND RESTRUCTURING

A business that faces insolvency is in crisis, and such a situation calls for strategic advice in order to maximise opportunities and mitigate risks. Sometimes the situation presents the opportunity for restructuring in order to bring the business back into liquidity. Whatever the position, the company and its directors need swift and incisive advice as to the options available to them and to seek to protect them from personal liability. We provide excellent technical and strategic advice in addition to finding creative insolvency solutions. We are experienced in handling most types of insolvency-related matters, including assisting individuals and companies restructure and refinance debt, defending statutory demands and dismissing bankruptcy and winding up petitions; bankruptcy-related matters, including annulment of bankruptcy orders, administrations, and liquidations; pre-pack administrations and assisting directors to defend claims against them personally; director disqualification proceedings. To provide a seamless and integrated service, the firm works closely with specialists in related practice areas including finance, corporate, real estate, employment, pension, tax, environment, regulatory, capital markets, and litigation. We represent lenders and investors on a wide range of issues including exit strategies, refinancing, debt restructuring, and investment in distressed assets.

Scope of Services under Insolvency Law:
  • Contingency planning/ Pre-Insolvency/ Distress Advisory.
  • Negotiations with creditors for settlements and restructuring.
  • Negotiations / Arrangements with creditors and members.
  • Multi-lateral/ Bi-lateral Debt restructuring with lenders.
  • Distressed financing and re-scheduling.
  • Out-of-court restructurings and refinancing.
  • Corporate Restructuring based on Mergers/Amalgamation/ Demergers/ Hive off/Take over/Acquisitions etc.
  • Financial Restructuring of Debts Reorganization through RBI circulars & Insolvency and Bankruptcy Code2016 (IBC 2016).
  • Individual & Corporate Insolvency / advising on Cross Border Insolvency/Group Insolvency.
  • Acting as Lawyers/Advisors to RP/COC/Liquidator and Representation before NCLT/NCLAT/High Courts and Supreme Court of India.
  • Formulating Resolution Plans for prospective Resolution Applicants.
  • Verification of Claims, Due Diligence u/s 29A, drafting Evaluation Matrix, RFRP, etc.
  • Analysis of Resolution Plans in terms of compliance with provisions of IBC 2016.
  • Identifying strategic investors /Prospective Resolution Applicants.
  • Debt Acquisition through Asset Reconstruction Companies/ NBFCs and devising an efficient and viable restructuring model.
  • Formal insolvency/liquidation/bankruptcy filing and conducting proceedings before the court (NCLT/DRT) through the Insolvency and Bankruptcy Code 2016.
  • Debt Recovery Tribunal (DRT) including SAs under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI).
  • Enforcement of Security Interest.
  • Legal & Transactional Due Diligence.
  • Liquidations under IBC 2016 & Voluntary Liquidations.
  • Facility, Security, and Credit Support Reviews for Lenders and Borrower Groups.