Chapter III-ASection 54ABase planSwiss challenge120 days
AMLEGALS / Insolvency & IBC / Pre-Packaged Insolvency
Pre-Packaged Insolvency for MSMEs

Resolution that keeps the founder in the room

The pre-pack lets a distressed MSME restructure in about one hundred twenty days, with the promoter in possession and a base plan tested by a Swiss challenge. AMLEGALS advises MSME debtors and creditors on eligibility, approvals, the base resolution plan and tribunal sanction.

Strategic context

A resolution built for the enterprise that depends on its founder

For a micro, small or medium enterprise, the regular insolvency process can be the cure that kills the patient: displacing the promoter often destroys the very relationships, know-how and goodwill that give the business its value. The pre-packaged process, introduced in 2021 as Chapter III-A, was designed precisely for this problem — it keeps the promoter in possession, builds on a plan negotiated before filing, and compresses the formal process to roughly one hundred twenty days.

The elegance of the pre-pack is the balance it strikes. The debtor keeps control and continuity, but creditors are protected by the committee’s approval, by the requirement that operational-creditor dues be addressed, and by the Swiss challenge that exposes the base plan to competition where it falls short. Getting there requires careful groundwork — eligibility under Section 54A, creditor and member approvals, and a base plan that can both satisfy the committee and survive a challenge. AMLEGALS advises on every one of those conditions.

Workstreams

The pre-pack, end to end

01

Eligibility and readiness

Assessing MSME status, default threshold and the Section 54A conditions, and preparing the company and creditors for a pre-pack.

02

Creditor approvals

Securing the approval of unrelated financial creditors for the resolution professional and the filing, and the members’ special resolution.

03

Base resolution plan

Preparing a credible base resolution plan that addresses operational-creditor dues and withstands committee scrutiny.

04

Swiss challenge

Managing the competitive Swiss-challenge process where the base plan is tested against better offers.

05

Approval

Securing committee approval and tribunal sanction within the compressed pre-pack timeline.

06

Implementation

Advising on implementation of the sanctioned plan and the return of the enterprise to stable operation.

Answers

Frequently asked questions

01What is pre-packaged insolvency and who can use it?

The pre-packaged insolvency resolution process (PPIRP) is a faster, debtor-in-possession resolution mechanism introduced in 2021 through Chapter III-A (Sections 54A to 54P) of the Insolvency and Bankruptcy Code, currently available to corporate debtors classified as micro, small and medium enterprises (MSMEs). It blends an informal, pre-negotiated restructuring with the formal, binding sanction of the tribunal, allowing the existing management to remain in control while the plan is approved.

02How does PPIRP differ from the regular CIRP?

Unlike the regular corporate insolvency resolution process, which displaces management and vests control in a resolution professional, the pre-pack keeps the MSME promoters in possession of the business. The plan is largely negotiated before filing, the timeline is far shorter, and the disruption to the enterprise is minimised. This suits MSMEs, where the promoter’s involvement is often essential to the going-concern value and where a full CIRP may be disproportionate.

03What is the base resolution plan and the Swiss challenge?

The corporate debtor prepares a base resolution plan, which is placed before the committee of creditors. If the base plan does not fully satisfy the dues of operational creditors or the committee does not approve it as is, the process invites competing plans and the base plan is subjected to a Swiss challenge — a competitive mechanism where other resolution applicants can better the base plan, and the base applicant may have an opportunity to match the best offer. This drives value while preserving the pre-negotiated foundation.

04What is the timeline for a pre-pack?

The pre-packaged process is designed to be swift: the resolution professional must submit the resolution plan approved by the committee of creditors to the tribunal within ninety days of the pre-pack commencement date, and the tribunal is to approve or reject it within thirty days thereafter — an overall target of around one hundred twenty days. This compressed timeline is one of the principal attractions of the pre-pack for a distressed but viable MSME.

05What conditions must be met before initiating a pre-pack?

Section 54A sets eligibility conditions, including that the corporate debtor is an MSME in default of at least the prescribed threshold, has not undergone a pre-pack or completed a CIRP in specified preceding periods, is not ineligible under Section 29A to submit a resolution plan, and that the majority of its financial creditors (unrelated) have proposed the name of the resolution professional and approved the filing. A special resolution of members approving the filing is also required.

06Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.

Engage AMLEGALS

Request a pre-pack review

Share the MSME’s status, the nature of the distress and the creditor position for a confidential preliminary assessment.

Request a pre-pack review

Business contact details are used only to respond to this request. No lawyer-client relationship arises until conflicts, scope and terms are agreed in writing.