Insolvency And Bankruptcy Advisory

Insolvency And Bankruptcy Advisory

At Dang & Associates, we provide expert advisory services on Insolvency and Bankruptcy to businesses facing financial distress, creditors, and other stakeholders involved in insolvency proceedings. Our comprehensive Insolvency & Bankruptcy Advisory services are designed to help businesses navigate the complexities of the Insolvency and Bankruptcy Code (IBC), ensuring timely resolution and minimizing financial and operational disruptions. Whether you are seeking to initiate an insolvency resolution process, managing distressed assets, or planning a restructuring, we provide tailored strategies to protect your interests and help restore financial stability.

1. Insolvency Resolution Process (IRP)

Under the Insolvency and Bankruptcy Code (IBC), the Insolvency Resolution Process (IRP) is crucial for businesses in financial distress. We guide companies and creditors through this process, ensuring that the legal requirements are met, and all procedural aspects are handled effectively:

  • Filing of Insolvency Petitions – We assist in filing insolvency petitions before the National Company Law Tribunal (NCLT) on behalf of corporate debtors or creditors to initiate the IRP.
  • Interim Resolution Professional (IRP) Appointment – We advise on the appointment of a qualified Interim Resolution Professional (IRP), who will manage the company’s affairs and work towards the resolution of the business.
  • Debt Restructuring & Resolution Plans – We help in formulating and presenting resolution plans, including strategies for debt restructuring, asset sale, or business reorganization.
  • Stakeholder Negotiations – Facilitating negotiations between the company and creditors to reach a mutually agreeable resolution plan, ensuring the best outcome for all parties involved.
  • Operational & Financial Review – Conducting a thorough review of the company’s financial and operational health to identify areas for improvement, cost-saving measures, and potential restructuring options.

2. Corporate Restructuring & Reorganization

For businesses in distress, restructuring can be a viable alternative to insolvency. We provide strategic advice on corporate restructuring, helping companies explore options to reorganize their operations and return to financial health:

  • Debt Restructuring – We assist businesses in restructuring their debt through negotiated settlements, moratoriums, or modifications to payment schedules to improve liquidity and prevent insolvency.
  • Business Divestment & Asset Sales – Offering guidance on the sale of non-core assets or entire business units to raise capital and reduce financial stress.
  • Mergers & Acquisitions (M&A) – Helping distressed companies explore mergers, acquisitions, or joint ventures as a way to streamline operations and reduce financial burdens.
  • Capital Infusion & Funding – Advising on raising capital through equity or debt instruments to fund restructuring efforts and maintain operational continuity.
  • Operational Efficiency – Identifying inefficiencies within business processes, recommending cost-cutting measures, and restructuring operations to improve profitability and sustainability.

3. Insolvency & Bankruptcy Code (IBC) Compliance

Compliance with the provisions of the Insolvency & Bankruptcy Code (IBC) is critical for businesses undergoing financial distress. We ensure that businesses adhere to all IBC-related requirements and regulatory guidelines:

  • Filing Compliance – Ensuring timely filing of all documents, petitions, and reports required by the NCLT and the Insolvency and Bankruptcy Board of India (IBBI).
  • Debtor-Creditor Relations – Advising businesses on maintaining healthy relations with creditors during the insolvency resolution process, including the fair distribution of payments as per IBC guidelines.
  • Claims Verification & Acceptance – Assisting in verifying the claims of creditors during the resolution process, ensuring that claims are in compliance with the provisions of the IBC.
  • NCLT & IBBI Representation – Representing clients before the NCLT and IBBI, ensuring that all procedural requirements are met and disputes are resolved effectively.

4. Liquidation Process Advisory

When a company is unable to resolve its debts or continue as a going concern, liquidation may be the final option. We provide advisory on the liquidation process to ensure compliance and optimize the outcomes for creditors and stakeholders:

  • Liquidation Petition FilingAssisting in filing liquidation petitions before the NCLT, representing businesses or creditors in the process.
  • Asset Valuation & SaleProviding guidance on the proper valuation of assets and advising on the sale of assets to maximize returns for creditors.
  • Debt Settlement & DistributionEnsuring that the distribution of proceeds from asset sales is in line with the legal framework, prioritizing creditors as per their ranking under IBC.
  • Liquidator AppointmentAssisting in the appointment of a qualified liquidator to oversee the liquidation process, ensuring that assets are sold and liabilities are settled appropriately.
  • Winding-Up Proceedings – Managing winding-up proceedings, including the settlement of outstanding liabilities and the closure of business operations in accordance with applicable laws.

5. Creditor Representation & Debt Recovery

Our Insolvency & Bankruptcy Advisory services extend to creditors who wish to recover dues from financially distressed companies. We provide:

  • Creditor Representation in IRP – Representing creditors, including financial and operational creditors, in the insolvency resolution process to ensure their claims are validated and their interests are protected.
  • Debt Recovery Strategy – Assisting creditors in formulating debt recovery strategies, including negotiating settlements or pursuing legal action if necessary.
  • Debt Enforcement – Helping creditors enforce judgments and recover outstanding dues through NCLT proceedings or other legal means.
  • Out-of-Court Settlements – Facilitating amicable settlements between creditors and debtors outside of the formal insolvency resolution process, potentially reducing legal costs and time.

6. Strategic Advisory for Distressed Assets

We provide strategic advisory services to businesses and investors dealing with distressed assets, helping them maximize value and minimize loss:

  • Distressed Asset Acquisition – Advising investors on opportunities to acquire distressed assets or companies in financial distress, including conducting due diligence and assessing risks.
  • Asset Recovery – Helping businesses recover valuable assets in distress scenarios, including guiding them through the legal process to reclaim assets or funds.
  • Turnaround Strategies – Developing turnaround strategies for distressed companies, including identifying key areas for improvement and operational adjustments to restore profitability.

Why Choose Dang & Associates for Insolvency & Bankruptcy Advisory?

  • Experienced Professionals – Our team consists of experienced insolvency and bankruptcy experts who understand the intricacies of the IBC and corporate restructuring.
  • Tailored Solutions – We provide customized advisory solutions based on the unique needs of each business, ensuring that your financial distress is managed efficiently.
  • Comprehensive Advisory – From insolvency resolution and corporate restructuring to liquidation and creditor representation, we offer a full range of services to manage distressed situations.
  • Timely & Cost-Effective Solutions – We focus on delivering timely and cost-effective solutions that minimize disruption to your business operations while maximizing value for all stakeholders.
  • Client-Centered Approach – Our approach is centered around the interests of our clients, whether they are debtors or creditors, ensuring that their objectives are met during the insolvency process.

At Dang & Associates, we are committed to providing expert Insolvency & Bankruptcy Advisory services that help businesses navigate financial distress, explore restructuring options, and achieve a resolution that protects stakeholders and optimizes value. Let us assist you in managing your insolvency proceedings with efficiency, expertise, and strategic insight.

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