The multitude of insolvency Laws under the governance of India namely - The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI) & The Insolvency and Bankruptcy Code of India (IBC) have steadily gained realization amongst the civilians. The SARFAESI Act works without the intervention of the court and the creditor of finance - the banks/other financial institutions have the authority to auction off the assets for enforcing their right to credit. The IBC Act works as a target for organizations and institutions that are insolvent. The companies can file for bankruptcy and insolvency in order to undergo the liquidation process. Our team outlines individual insolvency resolution processes for entities like private firms, companies, organizations, and individuals. We are highly capable of processing the resolution process which can be initiated by either the debtor or the creditors.
When a party is claimed to be insolvent we offer both cases - resolution or liquidation. We ensure that all attempts are made to resolve the insolvency by coming up with a format for restructuring the ongoing processes of new ownership or if the resolution plans and processes fail, the individual or other entity may have their assets liquidated. We regularly appear for our clients and help them recover their rightful dues. A team of experienced and skilled Bankruptcy lawyers handles cases for and against financial creditors(entities that provide the loan) in a time bound and an efficient cost-effective manner. Our experts clearly define the order of priority and ensure a thorough investigation of transactions.
The insolvency and bankruptcy law in India offers straightforward and comprehensive insolvency legislation that addresses all companies, partnerships and individuals (other than financial firms). The Government of India has proposed a separate framework for the resolution of bankruptcy in failing banks and other financial sector entities. The bankruptcy and insolvency code aims to resolve insolvencies in a strict time-bound manner and our team of experts is directed to work with strict timelines necessary for the process flow abiding by the legislation of the Indian Law and the need of the situation. Our team has delivered advisory and consultancy services on various potential issues that may arise as a result of the combination of the law of the Code and other applicable laws. We are well-positioned to advise strategic asset reconstruction companies who undergo the resolution process. We aid and guide the total assessment of liabilities and assets and accordingly advise on the risk involved in taking over businesses undergoing the resolution processes.
We provide our skilled and result-oriented service for the proceedings under the said Laws including but not limited to since issuance of Demand Notice to till Resolution of the Company or Realization of the dues by sale of secured assets. We also provide our service to assist the Financial Creditors during the CIRP process in facilitating them to understand the complexity of the legal issues as well as the complexity of the Resolution Plans etc.