Insolvency Law

What is Insolvency?
Insolvency refers to the situation where an individual or a company is unable to repay its debts on time. It can lead to legal proceedings initiated by the debtor or creditor for resolution, restructuring, or liquidation of assets.

Governing Law: Insolvency and Bankruptcy Code, 2016 (IBC)
The Insolvency and Bankruptcy Code, 2016, is the comprehensive legal framework in India that governs insolvency and bankruptcy of individuals, partnerships, and companies.

Key Objectives of IBC:

  • Time-bound resolution of insolvency
  • ​​​Maximization of asset value
  • Promotion of entrepreneurship
  • Balancing interests of all stakeholders (creditors, debtors, employees, etc.)

Who Can Initiate Insolvency Proceedings?

  • Financial Creditors (e.g. banks, NBFCs)
  • Operational Creditors (e.g. vendors, suppliers)
  • Corporate Debtors (the defaulting company itself)

Insolvency Process: Corporate Entities

  1. Filing Application before NCLT - A creditor or debtor can file an application for initiating Corporate Insolvency Resolution Process (CIRP) before the National Company Law Tribunal (NCLT).
  2. Appointment of Insolvency Professional (IP) - On admission, an interim resolution professional is appointed to take charge of the corporate debtor.
  3. Moratorium Imposed - All legal proceedings, recovery actions, and foreclosures are stayed during the process.
  4. Formation of Committee of Creditors (CoC) - The CoC evaluates the debtor’s financial situation and proposes a resolution plan.
  5. Approval of Resolution Plan or Liquidation - If the CoC approves a resolution plan, it is implemented. If not, the company goes into liquidation.

Insolvency Process: Individuals & Partnerships

  • Fresh Start Process - For individuals with minimal assets and income.
  • Insolvency Resolution Process - Debt repayment under supervision.
  • Bankruptcy Proceedings - Initiated if resolution fails

Legal Remedies & How We Can Help You
Whether you are a creditor looking to recover your dues, or a business seeking resolution, our legal team assists you at every stage:

  • Legal advisory and eligibility check
  • Filing insolvency application before NCLT
  • Representation in hearings
  • Drafting and vetting of resolution plans
  • Assistance in liquidation or restructuring
  • Negotiation with creditors

​​​How to Overcome Insolvency Legally

  • Seek professional advice early
  • Consider out-of-court settlements
  • Opt for restructuring of debt
  • Use formal insolvency resolution processes under IBC
  • void willful default; maintain transparency with creditors

Why Choose Us?
With deep expertise in corporate law and insolvency matters, we provide end-to-end support for creditors, businesses, and individuals navigating insolvency and bankruptcy issues.

Contact us today for a confidential consultation