Bankruptcy

Bankruptcy

Financial distress creates urgent problems for everyone connected to a business, from the company itself and its promoters to the creditors, employees and vendors who depend on it, and the legal process that follows is designed to balance all of those competing interests within a fixed timeline. At Jain Law Chambers, we advise clients across Delhi NCR on insolvency and bankruptcy matters under the Insolvency and Bankruptcy Code, 2016 (IBC), which governs corporate insolvency resolution, liquidation and individual bankruptcy in India.

We work with businesses, financial institutions, operational creditors and individual clients on insolvency initiation, debt restructuring, and resolution proceedings. Our team prepares the necessary applications, supports negotiations between debtors and creditors, and represents clients before the National Company Law Tribunal (NCLT), the National Company Law Appellate Tribunal (NCLAT), and the Debt Recovery Tribunal where individual insolvency is involved.

We advise both sides of an insolvency situation, since creditors and debtors need fundamentally different guidance even though they are involved in the same proceedings. A lender owed money by a struggling company needs to know whether the IBC route is genuinely faster than a civil suit, while a company facing financial pressure needs an honest assessment of whether restructuring can save the business or whether liquidation has become unavoidable.

Common Situations We Handle

  • A vendor or supplier is owed a significant, undisputed amount by a company that has stopped paying
  • A company is unable to meet its debt obligations and needs to explore restructuring options
  • A creditor wants to know whether to pursue civil recovery or file under the IBC
  • A personal guarantor is facing insolvency proceedings after a company loan default
  • A company director needs to understand their obligations once insolvency proceedings begin

Our Bankruptcy Services Include

  • Initiating corporate insolvency resolution process (CIRP) applications for operational and financial creditors
  • Defending corporate debtors against insolvency petitions
  • Drafting and filing claims before the resolution professional
  • Representation before NCLT and NCLAT in insolvency proceedings
  • Advisory on debt restructuring and one-time settlement negotiations
  • Liquidation process advisory and representation
  • Personal guarantor insolvency proceedings
  • Committee of Creditors advisory and voting strategy
  • Challenge to resolution plans and liquidation orders

Why Choose Jain Law Chambers

Insolvency proceedings under the IBC run on some of the strictest timelines in Indian commercial law, and both creditors seeking recovery and debtors trying to protect a viable business need to act early rather than waiting for a situation to become unmanageable.

Our team helps creditors assess whether the IBC route is genuinely faster than a civil recovery suit for their specific claim, and helps corporate debtors understand realistic options for restructuring before a resolution professional takes over management of the company. We aim to give clients a clear, honest picture of where a distressed situation actually stands, rather than falling into the familiar trap of promising quick outcomes where none exist. Because the IBC process moves quickly once proceedings are triggered, we prioritise fast turnaround on filings and responses so our clients are never caught off guard by a hearing date or a procedural deadline.

Courts and Jurisdictions We Serve

Our advocates represent clients in bankruptcy matters before the Delhi High Court, the Supreme Court of India, and Delhi's district court complexes, including:

  • Saket Courts Complex — Press Enclave Marg, Saket
  • Patiala House Courts Complex — India Gate, New Delhi
  • Rohini Courts Complex — Sector-04, Rohini
  • Tis Hazari Courts Complex — Civil Lines, New Delhi
  • Dwarka Courts Complex — Sector-10, Dwarka
  • Rouse Avenue Courts Complex — DDU Marg, ITO
  • Karkardooma Courts Complex — Anand Vihar / Shahdara

Our firm provides comprehensive legal services across multiple practice areas to address a wide range of legal disputes. We also assist clients through our Commercial & Corporate Law practice for business transactions, regulatory compliance, and corporate governance, as well as our Intellectual Property Rights (IPR) practice for trademark, copyright, patent, design, and brand protection matters. This multidisciplinary approach enables us to provide practical legal solutions when legal matters involve commercial transactions, corporate governance, regulatory compliance, or intellectual property rights.

Corporate Insolvency Resolution (CIRP)

Representation for creditors, debtors, and insolvency professionals in CIRP under the IBC.

Individual & Partnership Insolvency

Legal assistance for individuals and partnerships facing insolvency or bankruptcy proceedings.

Liquidation & Asset Recovery

Guidance in liquidation processes, distribution of assets, and creditor settlement strategies.

IBC Advisory & Compliance

End-to-end advisory on insolvency procedures, regulatory filings, and restructuring mechanisms.

Frequently Asked Questions

The minimum default threshold for initiating corporate insolvency proceedings can change through government notifications and applicable law. The current threshold should be checked before filing an application.

The IBC provides a defined timeline for the Corporate Insolvency Resolution Process, subject to extensions and other circumstances permitted under the law. The actual duration depends on the complexity of the case.

Once CIRP is admitted, the insolvency resolution process begins and management and decision-making may be affected according to the IBC framework. A resolution professional oversees the process as prescribed by law.

Yes. An eligible operational creditor may initiate CIRP against a corporate debtor when the statutory requirements are satisfied, including the existence of a qualifying default.

Yes. Depending on the circumstances, parties may explore restructuring, settlement, negotiation or other resolution mechanisms before or alongside formal insolvency proceedings.

Promoters' eligibility to submit or participate in a resolution plan is subject to the restrictions and requirements under the IBC and applicable regulations. The specific circumstances of the promoter and company must be examined.

DISCLAIMER

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise.

By clicking “I AGREE”, you confirm that:

  1. You are visiting this website on your own initiative and for general informational purposes only.
  2. No advertisement, solicitation, invitation, or inducement has been made by the advocate or chambers.
  3. The contents of this website do not constitute legal advice.
  4. No advocate–client relationship is created by accessing this website.
  5. The advocate is not liable for any action taken based on the information available on this website.

If you do not agree to the above, please exit this website.