Insolvency & Bankruptcy Code, 2016

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Insolvency & Bankruptcy Code, 2016

The Insolvency and Bankruptcy Code, 2016 (IBC) provides the principal framework for time-bound insolvency resolution and liquidation of stressed businesses in India. Osh Legal – Advocates & Solicitors advises a broad range of stakeholders, including corporate debtors, financial and operational creditors, resolution applicants, resolution professionals, committees of creditors, lenders, investors and strategic acquirers, across all stages of insolvency proceedings.

Our Practice Includes

1. Initiation & Defence of Insolvency Proceedings

Initiation and defence of insolvency proceedings under Sections 7, 9 and 10 of the IBC, including assessment of legal and strategic considerations at the commencement of proceedings.

2. Corporate Insolvency Resolution Process (CIRP)

Advising on CIRP strategy, creditor claims, resolution proceedings and related matters before the National Company Law Tribunal (NCLT).

3. Liquidation Proceedings

Advising on liquidation proceedings, including voluntary liquidation and related legal and regulatory requirements.

4. Avoidance Transactions & Fraudulent Conduct

Advising on avoidance transactions and applications under Sections 43 to 51 and Section 66 of the IBC, including related proceedings and representation.

5. NCLT, NCLAT & Supreme Court Representation

Representing clients before the NCLT, National Company Law Appellate Tribunal (NCLAT) and Supreme Court of India in insolvency and related matters.

6. Pre-Insolvency & Debt Restructuring

Advising on pre-insolvency restructuring, debt restructuring and strategic acquisition of distressed assets, with a focus on value preservation and commercially viable outcomes.

7. Creditor & Lender Advisory

Advising lenders, financial institutions and investors on creditor rights, enforcement strategies, recovery considerations and inter-creditor arrangements.

8. IBC & Interconnected Laws

Advising on the interface of the IBC with SARFAESI, RDB Act, Companies Act, taxation, securities laws and FEMA, including issues arising from overlapping regulatory frameworks.

9. Resolution Plan Implementation & Section 32A

Advising on Section 32A protection, regulatory approvals, stamp duty and other legal issues arising from the implementation of resolution plans.

10. Insolvency-Related Corporate & Commercial Matters

Advising on corporate, commercial and dispute-resolution matters arising in connection with insolvency, restructuring and distressed situations.

Our Approach

Our approach is focused on preserving value, protecting stakeholder interests and developing commercially viable resolution strategies. We assess the financial, legal, corporate and regulatory dimensions of each matter to identify the most appropriate course of action — whether through insolvency resolution, restructuring, settlement, enforcement or litigation.

Our integrated corporate, restructuring, taxation and disputes capabilities enable us to address the broader legal and commercial issues that frequently arise in distressed situations and provide clients with coordinated advice throughout the insolvency lifecycle.

Our Objective

To develop clear, strategic and legally robust solutions that protect value, manage risk and facilitate effective resolution of financial distress.

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