Having advised on insolvency laws for decades, Desai & Diwanji not only has significant expertise, but has been ahead of the curve on the dynamic statutory landscape. Since the enactment of the Insolvency and Bankruptcy Code, 2016 (IBC), we have been at the forefront of advising clients ranging from lenders/creditors, borrowers/debtors, bidders/investors to interim resolution professionals (IRPs), resolution professionals (RPs) and liquidators on various cases and have participated in and contributed to the evolving jurisprudence and law. Our lawyers are well acquainted with the complexities surrounding stressed assets and non-performing loans and are adept at providing restructuring/refinancing advise and tailored solutions for special situations. We assist on the entire gamut of the process, from conceptualisation of restructuring strategy for securing a claim, selection of the IRP/RP; initiation of insolvency proceedings; assisting and advising the IRP/RP, the committee of creditors (CoC) and the resolution applicants; to advising on liquidation of the corporate debtor.
Our expertise in insolvency law has enabled us to render sound and pragmatic advise to our clients to achieve the desired results. Our experience also enables us to handhold our clients seamlessly through both, the resolution and the liquidation processes. Our insolvency and bankruptcy practice includes:
- advising on highly complex pre-insolvency issues involving various stakeholders and conceptualising suitable strategies and restructuring in the pre-insolvency stages
- conducting due diligence, assessing and advising on special situations and acquisition of distressed companies and stressed assets
- advising on intricate issues arising out of the bankruptcy of high net worth individuals (HNIs), including handling pre-litigation claims, planning litigation strategies and tackling issues related to personal guarantees
- advising and assisting creditors on the entire CIRP and liquidation process including initiating insolvency proceedings and drafting and filing of the entire gamut of documentation
- assisting companies/liquidators through the entire process of voluntary liquidation, including drafting and filing of relevant documentation
- assisting IRP/RPs during the CIRP to ensure compliance while the corporate debtor is being run as a going concern
- assisting the RP/CoC in finalizing the Information Memorandum to be issued for inviting resolution plans and drafting/amending resolution plans
- representing clients before the concerned National Company Law Tribunal (NCLT), the National Company Law Appellate Tribunal (NCLAT) and the Supreme Court
- advising prospective resolution applicants/ bidders, both domestic and foreign, on resolution plans for corporate debtors
Lawyers from our insolvency practice collaborate with members of the Firm’s other practice areas in order to provide clients with in-depth as well as domain-specific legal advise and solutions, resulting in an efficient realisation of client objectives.