Insolvency Advisory

At BCA, our comprehensive Insolvency Advisory Services are designed to guide businesses through the Complexities of the insolvency process. Our team of Expert professionals specializes in providing strategic counsel and support at every stage, ensuring a thorough and effective resolution. Our key services are:

• Strategic Planning and Legal Representation

• Devising strategies, conceptualizing approaches, compiling data, drafting essential documents/petitions and presenting before the National Company Law Tribunal (NCLT) for the admission of petitions.

• Consultation and Strategy Development with Secured Creditors

• Collaborating with secured creditors to plan and strategize regarding their outstanding dues from defaulting Corporate Debtors, providing advice on appropriate courses of action.

• Legal Representation for Contesting Admission

• Appearing before the NCLT/NCLAT to contest the admission of the Corporate Debtor into the Corporate Insolvency Resolution Process (CIRP), ensuring a strong legal defense.

• Claims Filing on Behalf of Financial Creditors (FC)

• Managing the process of filing claims on behalf of Financial Creditors, ensuring accuracy and compliance with regulatory requirements.

• Representation in Committee of Creditors (COC) Meetings

• Advocating for Financial Creditors in meetings of the Committee of Creditors (COC), actively participating in discussions and negotiations.

• Consultation and Strategy Development with Unsecured or Operational Creditors

• Collaborating with unsecured or operational creditors to plan and strategize regarding their outstanding dues from a defaulting Corporate Debtor, providing guidance on appropriate courses of action.

• Strategic Planning and Legal Representation

• Formulating strategies, conceptualizing approaches, gathering and organizing data, drafting essential documents/demand notices/petitions and presenting before the National Company Law Tribunal (NCLT) for the admission of petitions.

• Legal Representation for Contesting Rejection of CIRP Commencement

• Appearing before the NCLT/NCLAT to contest the rejection of the commencement of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, ensuring a strong legal defense.

• Claims Submission on Behalf of Operational Creditors (OC), including Workmen and Employees

• Overseeing the process of submitting claims on behalf of Operational Creditors, which may include workmen, current and former employees, ensuring accuracy and compliance with regulatory requirements.

• Strategic Planning and Analysis

• Planning, strategizing, and conducting due diligence on the defaulting Corporate Debtor, offering tailored advice within the framework of the Code.

• Corporate Records Enhancement and Secretarial Due Diligence

• Enhancing and updating the records of the Corporate Debtor through secretarial due diligence, ensuring compliance with legal requirements.

• Risk and Default Identification

• Identifying risks and defaults of the Corporate Debtor under various applicable laws, creating a comprehensive understanding for informed decision-making.

• Strategic Planning, Document Drafting, and Tribunal Representation

• Strategizing, conceptualizing, collating data, drafting necessary documents/petitions, and representing clients before the National Company Law Tribunal (NCLT) for the admission of petitions.

• Tribunal Representation for Contesting Admission

• Appearing before the NCLT/NCLAT to contest the admission of the Corporate Debtor into the Corporate Insolvency Resolution Process, ensuring a robust legal defense.

• Comprehensive Support to the IRP: Providing assistance as Process Advisors to the Insolvency Resolution Professional (IRP) in the execution of its duties, which includes tasks such as issuing public notices for the submission of claims, verifying claims, overseeing the day-to-day management of the company, forming the Committee of Creditors, preparing the Information Memorandum (IM), and more.

• Meeting Coordination and Regulatory Filing Assistance: Offering support in the coordination and facilitation of meetings, along with aiding in the filing of necessary documentation before various authorities and regulatory bodies.

• Supporting the Resolution Professional (RP): Providing assistance to the Resolution Professional (RP) in carrying out duties as outlined in the Insolvency Code and associated regulations.

• Advisory and Opinion Services: Offering guidance and opinions on documentation and contractual arrangements for the Resolution Professional (RP) when engaging with external consultants/advisors. This encompasses aspects such as admitting creditors' claims and evaluating the eligibility of prospective Resolution Applicants for the submission of a resolution plan.

• Comprehensive Strategic Initiatives

Formulating strategies, conceptualizing plans, providing advisory services, conducting negotiations, performing techno-economic feasibility studies, and identifying strategic advisors.

• Distressed Deal Advisory

Providing guidance on opportunities within distressed deals.

• Insolvency Health Checkup and Advisory

Conducting an insolvency health checkup, advising on pending compliances, and performing secretarial audits.

• Strategic Planning with Secured Creditors

Planning and strategizing with secured creditors regarding their dues from defaulting Corporate Debtors, offering advice under the provisions of the Insolvency and Bankruptcy Code, 2016, or the SARFAESI Act.

• Strategic Planning with Unsecured or Operational Creditors

Developing plans and strategies, conducting due diligence, and advising on appropriate actions for unsecured or operational creditors against defaulting Corporate Debtors under the provisions of the Code.

• Comprehensive Due Diligence and Strategic Advice

Conducting due diligence on defaulting Corporate Debtors and providing strategic advice under the provisions of the Insolvency and Bankruptcy Code, 2016.

• Contract Review and Advisory

Reviewing contracts and sub-contracts between the Company and other parties, advising on their enforceability.

• General Advisory on Insolvency Laws

Providing general advisory services in relation to the Insolvency and Bankruptcy Code, 2016, and related laws.

• Claims Preparation and Filing

Preparing and filing claims, responses, and queries related to the corporate insolvency resolution process.