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IBC · NCLT · Insolvency

Insolvency and bankruptcy code advisory and NCLT representation

CIRP initiation and defence, resolution plan evaluation, liquidation proceedings, pre pack framework and NCLT/NCLAT representation for debtors, creditors and resolution applicants.

Counsel that connects the technical, the commercial, and the legal, across ten offices in India.
IBC
2016 (as amended)
CIRP
Resolution Process
NCLT
Representation
10
Offices
01

Corporate insolvency resolution process

  • Section 7 (financial creditor), Section 9 (operational creditor) and Section 10 (corporate debtor) applications before NCLT.
  • Interim resolution professional appointment, moratorium management and claims verification.
  • Committee of Creditors (CoC) advisory, voting analysis and resolution plan evaluation.
  • Section 29A eligibility screening for resolution applicants and connected persons.
02

Pre packaged insolvency resolution

  • Pre pack applications under Sections 54A to 54P for MSMEs and eligible corporate debtors.
  • Base resolution plan preparation, Swiss challenge mechanism and informal creditor negotiations.
  • Board and shareholder approval documentation and NCLT filing strategy.
03

Liquidation and winding up

  • Voluntary and compulsory liquidation proceedings under the IBC.
  • Stakeholder consultation and asset distribution waterfall under Section 53.
  • Scheme of compromise or arrangement as alternative to liquidation.
  • Cross border insolvency recognition and UNCITRAL Model Law developments.
04

How AMLEGALS assists

  • CIRP initiation and defence for corporate debtors, financial creditors and operational creditors.
  • Resolution plan structuring and Section 29A eligibility assessment.
  • NCLT and NCLAT representation across all benches.
  • Pre pack insolvency strategy and informal workout advisory.
Answers

What clients ask before they commit.

Short, direct, on the record.

01What is the minimum default threshold for filing under IBC?

The minimum default threshold is INR 1 crore for both financial and operational creditors, raised from INR 1 lakh by notification dated 24 March 2020.

02How long does CIRP take under the IBC?

The statutory timeline is 180 days, extendable by 90 days (total 270 days). The Supreme Court in Essar Steel held that 330 days is the outer limit including litigation time, though delays are common in practice.

03Can a promoter submit a resolution plan under IBC?

Only if the promoter is not disqualified under Section 29A. Disqualifications include wilful default, NPA classification for over one year, conviction for certain offences and connected person restrictions. MSME promoters have a carve out under the pre pack framework.

04What happens to personal guarantors under IBC?

The IBC provisions for personal guarantors to corporate debtors (Part III) were notified on 1 December 2019. NCLT can admit applications against personal guarantors, and proceedings can run in parallel with the CIRP of the corporate debtor.

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