What does insolvency and restructuring law cover?

Insolvency and restructuring law governs legal processes for resolving financial distress, including restructuring, insolvency resolution, liquidation, and debt recovery under the IBC and allied laws.

Who can initiate insolvency proceedings under the IBC?

Financial creditors, operational creditors, and corporate debtors can initiate insolvency proceedings subject to statutory thresholds and conditions.

Do you represent financial and operational creditors?

Yes. We represent banks, NBFCs, financial institutions, operational creditors, and creditor committees in insolvency proceedings.

Can you defend companies against insolvency petitions?

Yes. We advise corporate debtors on defending insolvency petitions and exploring restructuring or settlement options.

What is the role of NCLT and NCLAT?

The NCLT adjudicates insolvency proceedings, while the NCLAT hears appeals against NCLT orders.

Do you assist resolution applicants and investors?

Yes. We advise resolution applicants, private equity funds, and strategic investors on distressed asset acquisitions and resolution plans.

What is a Corporate Insolvency Resolution Process (CIRP)?

CIRP is a time-bound process under the IBC aimed at resolving insolvency through restructuring or change in ownership.

Can businesses continue operations during CIRP?

Yes. Businesses typically operate as going concerns during CIRP under the supervision of a resolution professional.

Do you advise on pre-insolvency restructuring?

Yes. We advise on out-of-court settlements, restructuring schemes, and early-stage distress management.

What happens if resolution fails?

If no viable resolution plan is approved, the company proceeds into liquidation under the IBC.

Do you handle liquidation proceedings?

Yes. We advise liquidators, creditors, and stakeholders throughout liquidation and asset realisation.

Can directors be personally liable during insolvency?

Directors have enhanced duties during insolvency, and failure to comply can result in liability or disqualification.

Do you advise on cross-border insolvency matters?

Yes. We advise on cross-border insolvency, recognition of foreign proceedings, and coordination with overseas counsel.

How long do insolvency proceedings take?

Timelines vary depending on complexity, but the IBC prescribes strict timelines for resolution.

Why engage an insolvency law firm early?

Early legal intervention helps preserve value, manage risk, and improve resolution outcomes for all stakeholders.

Insolvency & Restructuring

Overview

Seraphic Advisors' Insolvency & Restructuring Practice advises stakeholders on complex insolvency, bankruptcy, and debt restructuring matters under the Insolvency and Bankruptcy Code, 2016 (IBC) and allied recovery frameworks. We represent financial creditors, operational creditors, corporate debtors, resolution professionals, investors, and resolution applicants in high-value and high-stakes insolvency proceedings. India's insolvency regime has evolved rapidly, with increasing emphasis on time-bound resolution, creditor protection, and value maximisation. Our insolvency lawyers assist clients across the full lifecycle of financial distress-ranging from early-stage stress identification and pre-insolvency restructuring to corporate insolvency resolution processes (CIRP), liquidation, and distressed asset acquisitions. With extensive experience before the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT), Seraphic Advisors delivers strategic, commercially informed solutions tailored to protect stakeholder interests in distressed scenarios.

Insolvency & Bankruptcy Advisory under the IBC

Our insolvency practice focuses on advising stakeholders under the Insolvency and Bankruptcy Code, 2016, ensuring procedural compliance, strategic positioning, and effective resolution outcomes, including:

Advisory on initiation of insolvency proceedings
Strategic defence against insolvency petitions
Advisory to committees of creditors (CoC)
Representation of corporate debtors and creditors
Insolvency risk assessment and mitigation

We assist clients in initiating, defending, and managing insolvency proceedings while balancing regulatory obligations, commercial realities, and litigation risk.

Get IBC Advisory

Insolvency & Bankruptcy Advisory under the IBC

Corporate Insolvency Resolution Process (CIRP)

Seraphic Advisors advises and represents stakeholders throughout the corporate insolvency resolution process, including:

Filing and defence of applications under Sections 7, 9, and 10 of the IBC
Representation before NCLT and NCLAT
Advisory to resolution professionals and insolvency professionals
Participation in CoC meetings and voting strategy
Drafting, reviewing, and negotiating resolution plans

Our approach is focused on maximising asset value while ensuring procedural integrity and statutory compliance.

Navigate CIRP Process

Debt Restructuring and Pre-Insolvency Solutions

Early intervention is critical in distressed situations. We advise on both formal and informal restructuring mechanisms prior to insolvency, including:

Out-of-court restructuring and settlement negotiations
RBI-regulated restructuring frameworks
Debt rescheduling and compromise arrangements
Advisory to lenders and borrowers on restructuring options
Strategic recovery and resolution planning

Our pre-insolvency solutions help preserve business value, maintain stakeholder relationships, and avoid formal insolvency proceedings wherever viable.

Explore Restructuring Options

Debt Restructuring and Pre-Insolvency Solutions

Distressed Asset Acquisition and Resolution Applicants

Seraphic Advisors advises investors, funds, and strategic buyers on acquiring stressed and distressed assets through insolvency processes, including:

Legal due diligence of distressed assets
Resolution plan structuring and documentation
Regulatory and compliance advisory
Representation before NCLT for plan approval
Post-resolution implementation support

We provide end-to-end support for distressed M&A transactions, from initial evaluation to successful implementation of approved resolution plans.

Acquire Distressed Assets

Liquidation and Voluntary Liquidation

Where resolution is not viable, we advise on liquidation and orderly winding-down of businesses, including:

Advisory on liquidation proceedings under IBC
Representation of liquidators and stakeholders
Asset realisation and distribution advisory
Voluntary liquidation under the Companies Act and IBC
Dispute resolution during liquidation

Our liquidation advisory ensures orderly asset realization, stakeholder protection, and compliance with statutory requirements throughout the winding-up process.

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Cross-Border Insolvency and Complex Restructuring

We advise on cross-border insolvency and restructuring matters involving multinational entities, foreign creditors, and overseas assets, including:

Recognition and coordination of foreign proceedings
Advisory on cross-jurisdictional claims
Structuring cross-border restructuring transactions
Coordination with international counsel
Multi-jurisdictional creditor representation

Our cross-border expertise enables seamless coordination across jurisdictions, protecting creditor rights and maximizing recovery in complex international insolvency matters.

Handle Cross-Border Issues

Industries and Stakeholders We Advise

Our insolvency and restructuring lawyers advise across sectors, including: â€¢ Banking and financial services â€¢ Infrastructure and real estate â€¢ Manufacturing and industrial enterprises â€¢ Power, energy, and regulated sectors â€¢ Technology and startup ecosystems We represent banks, NBFCs, bondholders, trustees, corporates, resolution professionals, and investors.

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