Our Insolvency & Restructuring group advises creditors, debtors, guarantors, directors, insolvency professionals, resolution applicants and trustees in relation to the restructuring, liquidation and winding up of businesses under the Indian Insolvency & Bankruptcy Code, with one of our partner’s being a qualified insolvency resolution professional.
In particular, our team advises on:
The provisions and processes under the insolvency & Bankruptcy Code
Rights and obligations during the moratorium period and the insolvency resolution process
The preparation of the expression of interest for the insolvency resolution process
The legal due diligence of corporate debtors
The negotiation, preparation and finalisation of restructuring plans
Potential asset recoveries and claw back
Implementing restructuring plans through strategic sales, slump sales, demergers and auctions
Compliance of any restructuring with applicable law, including the Competition Act, SEBI Regulations and the Foreign Exchange Management Act
The implementation of insolvent liquidations and voluntary winding-ups
Cross border insolvency, in particular, in the context of the UNCITRAL Model Law on Cross Border Insolvency
Asset freezing overseas and injunctions against parallel proceedings during the moratorium period.
