Bankruptcy, Restructuring and Insolvency
Who we represent
We act for banks, financial institutions, resolution professionals and non-banking financial companies.
We assist clients seeking relief as creditors or debtors when faced with legal problems related to bankruptcy and insolvency with a dedicated team.
What we do
Our experience includes:
- Advising large scale financial creditors on the process of claims to be filed under the Insolvency and Bankruptcy Code.
- Representing companies with stressed assets on restructuring, and individuals on restructuring financial obligations and assets.
- Acting for multinational entities on issues connected to cross-border insolvency.
- Advising Monitoring Committees on the successful implementation of Resolution Plans.
- Representing companies and parties in debt recovery proceedings before various judicial institutions, including debt recovery tribunals, civil courts, high courts and the Supreme Court of India.
- Representing operational creditors before National Company Law Tribunals (NCLTs) in insolvency proceedings.
Our recent work includes:
- Challenging the merger of an Indian banking company with a foreign bank before the Constitutional Courts.
- Conducting various training programmes and seminar for in-house counsel on the emerging trends in insolvency litigation and latest developments in the Insolvency and Bankruptcy Code.
- Representing large banking institutions in international commercial arbitrations in a shareholder dispute.
- Representing insolvency professionals before NCLT and NCLAT and guiding them through CIRP to successful completion.
Our Strengths
Our firm is a member of INSOL India, and our presence in Singapore allows us to address clients’ needs in the context of insolvency and bankruptcy regimes in both countries. We pride ourselves on being innovators, out-of-box thinkers and developing efficient strategies for addressing unique challenges faced by our clients.
Frequently Asked Questions
Insolvency and restructuring law deals with the legal processes and frameworks that apply when a person or business cannot pay their debts and needs to either restructure their obligations or wind down operations in an orderly way.
It covers both insolvency (the state of financial distress) and restructuring (the attempt to recover and continue operations).
You should consult an insolvency lawyer when you need assistance in resolving financial distress through business restructuring options, creditor negotiations, debt resolution strategies and representation in insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) .
These include liquidation, administration, company voluntary arrangements (CVAs), and individual bankruptcy for different financial scenarios.
Yes. Under certain procedures like CVAs or administration, businesses can operate while undergoing restructuring, with the right representation for insolvency proceedings.
When insolvency is imminent, directors must act in the best interest of creditors. Failure to do so can lead to penalties, personal liability, or disqualification.
Cross-border insolvency legal advisory in India involves coordination under global frameworks like the UNCITRAL Model Law. We help with recognition of foreign proceedings and managing cross-jurisdictional claims.
Legal protections may include moratoriums on creditor actions, asset protection, and options like debtor-in-possession financing to facilitate recovery.
It varies. Simple liquidations may take a few months, while cross-border or complex restructurings can stretch over several years.
Shreyas Jayasimha
COUNSEL | ADVOCATE | MEDIATOR | ARBITRATOR
Punthi Shah
ADVOCATE
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