Insolvency & Bankruptcy Laws
Sinha & Partners’ Insolvency and Bankruptcy practice provides a wide range of services, and has been actively involved in the evolving landscape of the Insolvency and Bankruptcy Code, 2016 since its inception. The firm represents a diverse group of clients, including major financial institutions, non-banking financial companies, banks, asset reconstruction companies, corporations, and MSMEs in a variety of matters before the National Company Law Tribunals, the National Company Law Appellate Tribunals, the High Courts, and the Supreme Court of India. Sinha & Partners also advises and represents Resolution Professionals during the corporate insolvency resolution process of corporate debtors, including the insolvency resolution process of Personal Guarantors and individuals. Moreover, the firm advocates for homebuyers before the Tribunals and the Committee of Creditors to help them find the most tailored solution.
Drawing on its extensive experience in banking and finance, combined with its expertise in financial and commercial litigation, Sinha & Partners provides comprehensive and strategic advice to its clients, and keeps them abreast of the numerous amendments made in the Code. Its client base includes 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.
The firm provides legal and commercial advice on a range of matters, including contingency planning/pre-insolvency/distress advisory, negotiations with creditors for settlements and restructuring, multi-lateral/bi-lateral debt restructuring with lenders, out-of-court restructurings and refinancing, corporate restructuring based on mergers/amalgamation/demergers/hive off/takeover/acquisitions, financial restructuring of debts reorganization through RBI circulars and the Insolvency and Bankruptcy Code, 2016, individual and corporate insolvency, cross-border insolvency, group insolvency, acting as lawyers/advisors to RP/COC/Liquidator, representation before NCLT/NCLAT/High Courts and the Supreme Court of India, formulating resolution plans for prospective Resolution Applicants, verification of claims, due diligence u/s 29A, drafting evaluation matrix, RFRP, analysis of resolution plans in terms of compliance with provisions of IBC 2016, identifying strategic investors/prospective resolution applicants, debt acquisition through Asset Reconstruction Companies/NBFCs, and devising an efficient and viable restructuring model, formal insolvency/liquidation/bankruptcy filing, conducting proceedings before the court (NCLT/DRT) through the Insolvency and Bankruptcy Code, 2016, 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 and transactional due diligence, liquidations under IBC 2016 and voluntary liquidations, and facility, security, and credit support reviews for lenders and borrower groups.