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Strategic counsel through financial distress, restructuring, and corporate complexity.
The Insolvency and Bankruptcy Code, 2016 has fundamentally reshaped how financial distress is addressed in India, introducing time-bound resolution processes for corporate debtors and individuals alike. Navigating these proceedings whether as a creditor, debtor, resolution applicant, or stakeholder requires familiarity with both the statutory framework and the practical dynamics before the NCLT and NCLAT.
Avyaan Legal advises clients through every stage of insolvency and corporate law matters, from initiating or defending insolvency proceedings to structuring resolution plans and advising on broader company law compliance. We work to protect our clients’ interests whether they are creditors seeking recovery or debtors seeking restructuring.
Our Services Include:
Our Expertise:
Our team has represented financial creditors, operational creditors, resolution professionals, liquidators, successful resolution applicants and corporate debtors in proceedings before the NCLT and NCLAT, giving us a grounded understanding of how these forums approach complex resolution and liquidation matters. We combine insolvency expertise with a working knowledge of corporate law, allowing us to advise clients holistically through periods of financial distress.
A corporate insolvency resolution process can be initiated by a financial creditor, an operational creditor, or the corporate debtor itself, upon default of a debt meeting the threshold prescribed under the Insolvency and Bankruptcy Code, 2016.
The National Company Law Tribunal (NCLT) serves as the adjudicating authority for corporate insolvency matters, admitting applications, approving resolution plans, and overseeing the resolution or liquidation process.
If no resolution plan is approved within the prescribed timeline, the corporate debtor may be ordered into liquidation, with assets distributed among stakeholders according to the priority set out under the Code.
Yes, creditors may initiate separate insolvency proceedings against a personal guarantor under the Insolvency and Bankruptcy Code, independent of the proceedings against the corporate debtor.
The moratorium is a period following the admission of an insolvency application during which no legal proceedings can be initiated or continued against the corporate debtor, allowing the resolution process to proceed without interference.
Avyaan Legal is a full-service law firm based in Mumbai, offering a wide range of legal services to individuals, businesses, and institutions. Our firm focuses on providing clear, practical, and result-oriented legal solutions in areas such as litigation, real estate, corporate advisory, banking, and family law. With a dedicated team of experienced lawyers, we work closely with our clients to understand their legal needs and provide customized solutions that help them achieve their goals.
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