Insolvency, Bankruptcy & Liquidation(IBC)

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OVERVIEW

CYS Legal offers a robust practice in Insolvency and Restructuring, encompassing both litigation and non-litigation matters. Our expertise spans high-value corporate restructuring and litigation, including individual and corporate bankruptcies, cross-border insolvencies, and group insolvencies. We excel not only in formal restructuring but also in negotiated and bilateral restructuring. Leveraging our cross-disciplinary experience, we address the challenges of restructuring advisory, ensuring a seamless and comprehensive legal service for our clients. Our detailed and comprehensive strategies address a wide range of issues that are faced during restructuring by underperforming or distressed companies in the private and public sector. CYS Legal is a trusted partner known for its client-focused approach.

Our highly qualified, innovative and experienced team with specialized knowledge and experience in insolvency resolution and the Insolvency & Bankruptcy Code 2016. The firm understands that there are situations when a distressed business can be rescued, rehabilitated or reorganized, and when liquidation is the best alternative, to ensure value enhancement for the stakeholders, in defined timelines.

Our team helps maximize recovery, protect business or investment, preserve critical relationships and minimize write-offs.

To provide a seamless and integrated service, the firm works closely with specialists in related practice areas including finance, corporate, real estate, employment, pension, tax, environment, regulatory, capital markets and litigation. We represent lenders and investors on a wide range of issues including exit strategies, refinancing, debt restructuring and investment in distressed assets.

Our clients include lenders and investors at all levels of the capital structure, defaulting companies, promotors / directors, financial and operational creditors, Creditor Committees (COC), insolvency professionals, liquidators, stakeholders committees, trustees and government institutions.

Our expertise covers legal and commercial advice on matters including:

  • Contingency planning/ Pre Insolvency/ Distress Advisory;
  • Negotiations with creditors for settlements and restructuring;
  • Negotiations / Arrangements with creditors and members;
  • Multi-lateral/ Bi-lateral Debt restructuring with lenders;
  • Distressed financing and re-schedulements;
  • Out-of-court restructurings and refinancing;
  • Corporate Restructuring based on Mergers/Amalgamation/ Demergers/ Hive off/Take over/Acquisitions etc
  • Financial Restructuring of Debts Reorganization through RBI circulars & Insolvency and Bankruptcy Code2016 (IBC 2016);
  • Individual & Corporate Insolvency / advising on Cross Border Insolvency/Group Insolvency;
  • Acting as Lawyers/Advisors to RP/COC/Liquidator and Representation before NCLT/NCLAT/High Courts and Supreme Court of India;
  • Formulating Resolution Plans for prospective Resolution Applicant;
  • Verification of Claims, Due Diligence u/s 29A, drafting Evaluation Matrix, RFRP etc.
  • Analysis of Resolution Plans in terms of compliance with provisions of IBC 2016.
  • Identifying strategic investors /Prospective Resolution Applicants;
  • Debt Acquisition through an Asset Reconstruction Companies/ NBFCs and devising an efficient and viable restructuring model;
  • Formal insolvency/ liquidation / bankruptcy filing and conducting proceedings before the court (NCLT/DRT) through Insolvency and Bankruptcy Code2016;
  • Debt Recovery Tribunal (DRT) including SAs under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI);
  • Enforcement of Security Interest;
  • Legal & Transactional Due Diligence;
  • Liquidations under IBC 2016 & Voluntary Liquidations;
  • Facility, Security and Credit Support Reviews for Lenders and Borrower Groups.