OUR EXPERTISE

Insolvency & Bankruptcy

Strategic counsel for corporate insolvency resolution, personal bankruptcy proceedings, and creditor-debtor disputes under IBC.

Overview

The Insolvency and Bankruptcy Code (IBC) has transformed the resolution of distressed assets and debt disputes in India. Lahari Legal Associates provides comprehensive legal services for all aspects of insolvency and bankruptcy proceedings.

Our team represents both creditors and debtors in corporate insolvency resolution processes (CIRP), personal insolvency proceedings, and liquidation matters. We also advise on avoidance transactions, moratorium periods, and resolution plan preparation.

Whether you are a creditor seeking to recover dues through the NCLT, a corporate debtor navigating resolution, or an individual facing personal insolvency, our team provides clear, strategic counsel throughout the process.

Our Process

1

Insolvency Assessment

Evaluating the financial position, debt structure, and viability of insolvency or bankruptcy proceedings for the specific situation.

2

NCLT Representation

Filing and contesting petitions before the National Company Law Tribunal for admission, resolution, and claims adjudication.

3

Resolution & Negotiation

Preparing and negotiating resolution plans, conducting meetings of creditors and committee of creditors (CoC) proceedings.

4

Liquidation & Recovery

Managing liquidation proceedings and pursuing asset recovery to maximise returns for stakeholders.

Why Choose Us

Extensive IBC and NCLT practice experience
Representation for both creditors and debtors
Strong resolution plan drafting capability
Strategic advice on pre-insolvency restructuring

Frequently Asked Questions

When should a creditor file for insolvency?

A creditor (financial or operational) may file a petition before the NCLT when a default of over ₹1 lakh has occurred. We assess the strength of the claim and the likelihood of admission before proceeding.

Can a debtor challenge an insolvency petition?

Yes. Debtors can contest the existence of a default, dispute the debt, or challenge the maintainability of the petition. We mount vigorous defences to protect our clients from inappropriate proceedings.

What happens during the moratorium period?

Once insolvency proceedings are admitted, a moratorium prohibits filing of suits and recovery actions against the debtor. This provides breathing room while the resolution process is underway.