Insolvency and Bankruptcy Disputes

Expert Support for Insolvency & Bankruptcy Disputes

Insolvency and bankruptcy disputes arise when a company or individual cannot pay debts as they are due to financial difficulties. These disputes involve legal proceedings under the Insolvency and Bankruptcy Code, 2016, as well. If you face creditor claims, winding-up petitions, or insolvency resolution processes, you need strong guidance. At Bharat Legal Consultant, Advocate Hamendra Singh leads our team of experienced lawyers who help you navigate Insolvency and Bankruptcy Disputes in Delhi and across India. Contact us at +91 9166653396 or info@bharatlegalconsult.com for advice.

Why Insolvency and Bankruptcy Disputes Matter

These disputes affect your business survival and personal finances. They can:

• Halt operations and freeze bank accounts.
• Impact credit ratings and future loans.
• Lead to asset liquidation and loss of control.
• Trigger criminal or civil liability for directors.

Companies under debt recovery notices or individuals facing bankruptcy petitions must address these issues swiftly. Proper representation can save your assets and reputation.

Types of Insolvency and Bankruptcy Disputes

1. Corporate Insolvency Resolution
   When a corporate debtor faces financial failure, an insolvency resolution process begins. Creditors or the company can seek a corporate insolvency resolution under IBC 2016.

1. Liquidation Proceedings
   If resolution fails, the company may go into liquidation. A liquidator sells assets to repay creditors under court supervision.

1. Voluntary Insolvency Proceedings
   A debtor can propose its own insolvency plan, seeking moratorium and debt settlement outside formal resolution.

1. Bankruptcy Petitions Against Individuals
   Creditors can file for bankruptcy of individuals under the code, leading to estate distribution to satisfy claims.

1. Pre-Packaged Insolvency
   A faster, negotiated settlement for micro, small and medium enterprises (MSMEs) to revive business operations with creditor approval.

1. Creditor Disputes
   Disagreements over claim amounts, classification of debts, or voting rights in resolution plans.

How Insolvency and Bankruptcy Disputes Affect Stakeholders

• Directors and Promoters face loss of management control and disqualification.
• Secured Creditors may enforce security or vote on resolution plans.
• Operational Creditors can claim dues and influence plan approval.
• Employees risk salary dues and job security.
• Shareholders often lose equity if debts exceed assets.

Understanding these impacts helps you choose the right legal strategy.

How We Help with Insolvency and Bankruptcy Disputes

Advocate Hamendra Singh and our team follow a clear, step-by-step process:

1. Service Definition and Initial Advice

We explain what Insolvency and Bankruptcy Disputes cover. You learn about key terms: moratorium, resolution professional, committee of creditors, and plan approval.

2. Case Analysis and Strategy

We review your financial records, notices, and creditor demands. Then we suggest the best path: dispute creditor claims, negotiate settlements, or propose a resolution plan.

3. Drafting Petitions and Responses

We prepare and file petitions or objections corporate insolvency petitions, bankruptcy applications, or replies to winding-up notices.

4. Representation Before NCLT and NCLAT

Our lawyers present your case at the National Company Law Tribunal or Appellate Tribunal. We argue legal points, cross-examine opposing witnesses, and push for favourable orders.

5. Negotiation of Resolution Plans

In resolution processes, we help draft plans and negotiate terms with creditors to balance debt repayment and business revival.

6. Liquidation Support or Plan Implementation

If liquidation proceeds, we assist the liquidator or represent you to protect your interests. If a plan is approved, we ensure compliance with its terms.

7. Post-Resolution Compliance

After resolution, we advise on corporate governance, creditor relations, and measures to avoid future insolvency issues.

Advocate Hamendra Singh

Advocate Hamendra Singh has over a decade of experience in insolvency law. He has:

• Represented corporate debtors and creditors at NCLT and NCLAT.
• Advised on pre-pack resolutions for MSMEs.
• Managed bankruptcy cases for individuals.
• Litigated creditor claims and plan approval disputes.

His clear guidance and deep knowledge of the code make him one of the leading Tax Litigation Lawyers in Delhi and insolvency experts in the region.

FAQs – Insolvency & Bankruptcy Disputes:

1.    What is the difference between insolvency and bankruptcy?

Insolvency means you cannot pay your debts if they are due. Bankruptcy is a legal process where your assets are transferred to creditors under court supervision.

2.    How do I file an insolvency application?

You or your creditor can apply to the National Company Law Tribunal (NCLT) with required documents financial statements, list of creditors, and proof of default.

3.    How long does the insolvency resolution process take?

For corporate debtors, the law aims to complete resolution within 330 days of admission. Individual insolvency can be shorter, depending on tribunal schedules.

4.    What documents are needed for a bankruptcy dispute?

– Statement of affairs or financial statements
– List of creditors and dues
– Board resolutions (for companies)
– Proof of default (invoices, demand letters)

5.    How can I appeal an insolvency tribunal order?

You can submit an appeal to the National Company Law Appellate Tribunal (NCLAT) within 30 days of the NCLT’s order, citing grounds of error in law or procedure.