Insolvency & Bankruptcy

Institutional-grade legal counsel, strategic debt restructuring, and formidable courtroom advocacy under the IBC.

Core Practice Capabilities

What We Handle

Abhibhashak Law Firm provides institutional-grade legal counsel, strategic debt restructuring frameworks, and formidable courtroom advocacy under the Insolvency and Bankruptcy Code (IBC). We represent institutional financial creditors, operational creditors, corporate debtors, international ARCs, resolution professionals, and distressed asset investors.

Corporate Insolvency Resolution Process (CIRP)

Navigating formal corporate distress with data-driven restructuring models and precise legal execution.

  • Insolvency Initiation — preparing and filing high-impact corporate insolvency applications under Sections 7, 9, and 10 of the IBC before NCLT.
  • Resolution Plan Architecture — advising resolution applicants on the design, structural drafting, and presentation of legally bulletproof Resolution Plans.
  • Committee of Creditors (CoC) Advisory — advising financial institutions and voting consortia inside the CoC on voting metrics and statutory parameters.
  • Resolution Professional Support — providing comprehensive legal counsel to IRPs and RPs regarding operational continuity and asset preservation.

Debt Restructuring & Out-of-Court Turnarounds

Formulating strategic liquidity realignments and consensual debt restructuring frameworks.

  • Corporate Debt Restructuring — designing complex CDR frameworks, revising repayment terms, and optimising balance sheet metrics.
  • Inter-Creditor Agreements (ICAs) — drafting and negotiating multi-tier ICAs to align priorities and voting mechanics within bank syndicates.
  • One-Time Settlements (OTS) — structuring and finalising legally binding OTS schemes and liability releases between borrowers and financial institutions.
  • Distressed Asset Inbound Investment — advising international PE funds and ARCs on the legal structuring of distressed debt acquisitions.

Institutional Creditor Representation & Asset Enforcement

Safeguarding creditor rights and optimising capital realization through multi-channel debt enforcement.

  • Creditor Claims Adjudication — formulating, filing, and verifying multi-million dollar financial and operational claims before Resolution Professionals and Liquidators.
  • Security Interest Perfection — advising lenders on the preservation of priority rights, enforcement of corporate or personal guarantees, and asset recovery.
  • SARFAESI & DRT Interventions — executing parallel enforcement actions under the SARFAESI Act and initiating swift recovery proceedings before DRTs.
  • Asset Tracing & Intermediary Auditing — collaborating with forensic accountants to locate hidden corporate asset pools and diverted funds.

High-Stakes Insolvency & Bankruptcy Litigation

Vigorous advocacy and tactical representation across trial courts, appellate tribunals, and higher judiciaries.

  • NCLT & NCLAT Advocacy — providing expert representation in high-stakes corporate disputes before the National Company Law Tribunal and Appellate Tribunal.
  • Avoidance Transaction Disputes — prosecuting and defending complex claw-back actions involving preferential, undervalued, and fraudulent transactions.
  • Pre-Admission Stay Suits — deploying rapid procedural strategies to secure stays of execution and contest flawed default calculations.
  • Supreme Court Appellate Practice — managing strategic appeals, constitutional challenges, and landmark civil reviews before the Supreme Court of India.

Corporate Reorganisation & Business Transformation

Transforming corporate architectures through mergers, demergers, and capital realignments to restore long-term growth.

  • Schemes of Arrangement — designing and executing court-approved schemes of arrangement, capital reductions, and debt-to-equity swaps.
  • Demergers & Spin-offs — structuring corporate demergers and spinning off non-core or distressed business divisions into standalone entities.
  • Internal Reorganisations — realigning operational divisions, subsidiary chains, and cross-border corporate holding networks.
  • Turnaround Governance — advising corporate executive boards on fiduciary duties and liability mitigations during transition phases.

Orderly Liquidation & Asset Realization Proceedings

Managing final winding-up, asset realization, and distribution waterfalls with absolute precision.

  • Liquidation Initiation — advising corporate boards on voluntary liquidation pathways or managing the transition of a failed CIRP into formal liquidation.
  • Asset Dispersal & Auctions — advising on the legal parameters of e-auctions, slump sales, and parcel allotments to ensure transparent asset realization.
  • Waterfall Priority Settlement — navigating the statutory distribution waterfall under Section 53 of the IBC.
  • Dissolution Approvals — managing final compliance reviews, statutory reporting mandates, and securing final closure orders from tribunals.