In today’s fast-paced business environment, financial challenges can arise unexpectedly. Whether
you are an individual facing mounting personal debt or a business struggling to meet
obligations, bankruptcy and insolvency laws offer a framework for obtaining relief. Our
experienced attorneys are here to guide you through the complexities of the insolvency process,
protect your rights, and help you explore your options for a fresh start.
At Covenant Chambers, we specialize in both personal and business insolvency and bankruptcy law.
Our dedicated team offers practical advice, expert representation, and a commitment to achieving
the best possible outcome for you.
What is Insolvency?
Insolvency occurs when an individual or business is unable to pay its debts as they come due or when liabilities exceed assets. It can be a difficult and stressful situation, but with the right legal guidance, insolvency can be managed in a way that minimizes damage and preserves financial stability.
Our attorneys can help you navigate through the insolvency process and assess whether a formal insolvency procedure such as liquidation, administration, or voluntary arrangements is the right choice for you or your business.
What is Bankruptcy?
Bankruptcy is a legal process that helps individuals or businesses discharge certain debts and begin anew. In the case of individuals, filing for bankruptcy allows for the liquidation of assets to repay creditors, with the remaining debts being discharged.
For businesses, bankruptcy may involve restructuring or liquidating assets to settle outstanding obligations. While bankruptcy can be a fresh start, it also comes with significant consequences, including damage to your credit and the possibility of losing valuable assets.
Our lawyers are here to help you understand your rights, evaluate your options, and choose the most beneficial route for you, whether that’s filing for bankruptcy or pursuing an alternative like debt restructuring.
Our Insolvency & Bankruptcy Services
We offer a full range of legal services in insolvency and bankruptcy law, including:
- Personal Bankruptcy: We guide individuals through the bankruptcy process,
including Chapter 7 and Chapter 13 filings, asset protection, and debt discharge.
- Business Bankruptcy: We assist businesses in navigating Chapter 11
reorganizations, Chapter 7 liquidations, and corporate debt restructurings. Our attorneys
help protect business assets while working with creditors to find a sustainable solution.
- Insolvency Advice: For individuals or companies facing financial distress
but not yet ready to file for bankruptcy, we offer insolvency advice, including how to
approach creditors, negotiate settlements, and explore alternatives to bankruptcy.
- Debt Restructuring & Negotiations: If you are facing insolvency but wish to
avoid bankruptcy, we can help restructure your debts or negotiate with creditors to create a
manageable repayment plan.
- Creditor Representation: We represent creditors seeking to recover unpaid
debts, ensuring that your interests are protected during bankruptcy proceedings and
insolvency processes.
- Creditor Protection: We help businesses protect their interests through
secured debt agreements, creditor meetings, and claims filings in bankruptcy cases.
Acts & Rules on Insolvency & Bankruptcy
Insolvency and Bankruptcy Code (IBC), 2016
Purpose:
A comprehensive law to consolidate and amend laws relating to:
- Corporate Insolvency
- Personal Insolvency
- Partnership Firms & LLPs
- Bankruptcy and Liquidation
Key Highlights:
- Time-bound resolution (180–330 days)
- Insolvency Resolution Process (CIRP)
- Appointment of Insolvency Professionals (IPs)
- Formation of Committee of Creditors (CoC)
- Priority waterfall for debt repayment
Major Rules & Regulations under IBC
| Regulation/Rule |
Purpose |
| Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules,
2016 |
Procedure to file insolvency applications before NCLT |
| Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate
Persons) Regulations, 2016 |
Details of CIRP processes including timelines, disclosures, and CoC
meetings |
| Insolvency and Bankruptcy (Liquidation Process) Regulations, 2016 |
Procedure for liquidation of companies |
| Insolvency and Bankruptcy (Fast Track Insolvency Resolution Process)
Regulations, 2017 |
For smaller companies and startups (less complexity) |
| Insolvency and Bankruptcy (Voluntary Liquidation Process) Regulations,
2017 |
Voluntary winding up of solvent companies |
| Insolvency and Bankruptcy (Insolvency Professionals) Regulations, 2016
|
Code of conduct and eligibility for IPs |
| Insolvency and Bankruptcy (Information Utilities) Regulations, 2017 |
Regulates record-keeping entities like NeSL |
| Insolvency and Bankruptcy (Pre-Packaged Insolvency Resolution Process)
Regulations, 2021 |
Special resolution mechanism for MSMEs |
Adjudicating Authorities under IBC
| Authority |
Jurisdiction |
| NCLT (National Company Law Tribunal) |
For companies and LLPs |
| DRT (Debt Recovery Tribunal) |
For individuals and partnerships |
Appellate authorities:
- NCLAT – National Company Law Appellate Tribunal
- DRAT – Debt Recovery Appellate Tribunal
- Supreme Court of India – Final appellate authority
|
Key Institutions Established under IBC
| Body |
Role |
| Insolvency and Bankruptcy Board of India (IBBI) |
Regulator for insolvency professionals, agencies, utilities |
| Insolvency Professional Agencies (IPAs) |
Regulate insolvency professionals |
| Information Utilities (IUs) |
Maintain financial information in electronic form |
| Resolution Professionals (RPs) |
Manage corporate debtor during CIRP |
Other Related Acts Modified by IBC
IBC has amended or subsumed provisions from the following laws:
- Companies Act, 2013 – For winding up
- Sick Industrial Companies Act (SICA) – Repealed
- Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI)
- SARFAESI Act, 2002 – Remains active but harmonized
- Indian Partnership Act, 1932 – For partnership insolvency
- Presidency Towns Insolvency Act, 1909 and Provincial Insolvency Act, 1920 – Largely
repealed for individuals
Key Features of IBC Framework
| Aspect |
Detail |
| Default Threshold |
₹1 crore (for corporate insolvency) |
| Time-bound Resolution |
180 days + 90 days extension (330 max) |
| Moratorium |
Automatic stay on legal proceedings during CIRP |
| Waterfall Mechanism |
Order of distribution during liquidation |
| Cross-border insolvency |
Not fully implemented; guided by UNCITRAL Model Law (awaiting amendment)
|
Why Choose Us?
- Expertise in Complex Cases: Whether you are an individual or a business facing financial hardship, our team brings years of experience in dealing with both personal and corporate insolvencies. We understand the complexities of bankruptcy law and offer innovative solutions tailored to your specific needs.
- Tailored Legal Strategy: No two financial situations are alike. We work closely with you to develop a personalized legal strategy that minimizes risk, protects assets, and helps you move forward with confidence.
- Comprehensive Support: From initial consultation to final resolution, we provide comprehensive support every step of the way. We handle the legal complexities so you can focus on what matters most—regaining your financial stability.
- Clear, Honest Communication: We understand that navigating bankruptcy and insolvency can be confusing. We take the time to explain your options clearly and answer any questions you may have throughout the process.
Get In Touch
If you are facing financial difficulties and are considering bankruptcy or other insolvency options, don’t wait until it’s too late. The sooner you act, the better your chances of achieving a favourable outcome. Our experienced insolvency and bankruptcy attorneys are ready to help you find a solution.
Contact Covenant Chambers today to schedule a consultation and take the first step toward a fresh financial start.