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Insolvency Resolution and Stressed asset acquisition
Insolvency resolution and stressed asset acquisition involve complex legal, financial and commercial considerations. The Insolvency and Bankruptcy Code, 2016 (IBC) has significantly shaped the framework for corporate insolvency resolution and liquidation in India, requiring a thorough understanding of its provisions, judicial developments and procedural requirements.
Vishvas Law Offices has experience in insolvency and bankruptcy matters under the IBC, 2016, including proceedings under earlier legislative frameworks. The firm’s practice covers corporate insolvency resolution, liquidation, distressed asset transactions and related proceedings before the National Company Law Tribunal (NCLT), appellate tribunals and other competent forums.
The firm advises and represents a range of stakeholders involved in the insolvency resolution process, including Resolution Professionals, Liquidators, Corporate Debtors, Resolution Applicants, Financial Creditors and Operational Creditors. Its work extends across pre-insolvency advisory, legal representation during insolvency proceedings, assistance in resolution plan implementation and matters relating to liquidation and asset realisation.
The practice draws upon the guidance of its Off Counsel and founder, Mr. Virender Ganda, Senior Advocate, President of the NCLT & AT Bar Association, whose experience in insolvency and bankruptcy law informs the firm’s approach to matters under the IBC.
Areas of Expertise - Advisory and representation
- Representing and advising financial creditors and companies in pre-admission matters under the IBC and proceedings under the SARFAESI Act.
- Advising unsecured and operational creditors on recovery of dues from defaulting corporate debtors and appropriate remedies under the IBC.
- Advising and representing Resolution Professionals and Liquidators, including preparation of applications and ensuring legal compliance during CIRP and liquidation proceedings.
- Representing Resolution Applicants in investment strategy, submission of Expressions of Interest (EOI) and drafting of resolution plans.
- Assisting stakeholders with filing claims, responses and queries before Resolution Professionals and Liquidators.
- Representing parties in Corporate Insolvency Resolution Process (CIRP) and liquidation proceedings.
- Advising and representing suspended management in proceedings under the IBC.
- Conducting corporate legal health checks, including compliance reviews, secretarial audits and corporate governance assessments.
- Providing training and guidance to stakeholders on insolvency laws and reviewing purchase orders, invoices, agreements and commercial transactions.
Stressed asset acquisition and restructuring
We provide legal advisory and transactional support in matters involving corporate restructuring and stressed asset acquisition, including:
- Assisting businesses in addressing financial distress through structured arrangements and settlements with relevant stakeholders.
- Identifying investment opportunities for the acquisition of stressed assets through mechanisms available under the Insolvency and Bankruptcy Code (IBC).
- Advising on the purchase of companies undergoing liquidation, acquisition of insolvent companies and acquisition of specific assets.
- Advising clients on strategic acquisitions, corporate restructuring and investments in financially distressed companies.
Our practice covers the litigation, advisory and transactional aspects of insolvency, corporate restructuring and stressed asset acquisition, with an emphasis on addressing the legal and commercial considerations involved at each stage.
