Insolvency Practice Areas at Jotwani Associates

Our Insolvency practice within a law firm typically involves advising and representing various stakeholders in situations of financial distress or bankruptcy. 

Our Practice areas include the following: 

Corporate Debtor Representation

  • Advising companies facing financial difficulties on restructuring options, including out-of-court workouts and formal insolvency proceedings.
  • Preparing and filing insolvency petitions.
  • Negotiating with creditors.
  • Representing debtors in court proceedings related to insolvency.

Creditor Representation

  • Advising creditors on their rights and remedies in insolvency situations.
  • Filing proofs of claim in bankruptcy cases.
  • Representing creditors in negotiations and litigation regarding debts.
  • Seeking recovery of assets from debtors in insolvency proceedings.

Liquidations and Winding-Up

  • Advising on the process of liquidating a company’s assets.
  • Representing liquidators in asset sales and distribution of proceeds to creditors.
  • Handling disputes that arise during the liquidation process.

Restructuring and Reorganization

  • Advising on and implementing plans to restructure businesses and avoid bankruptcy.
  • Negotiating with creditors and shareholders on restructuring agreements.
  • Guiding companies through formal reorganization processes.

Cross-Border Insolvency

  • Handling insolvency cases that involve assets or parties in multiple countries.
  • Advising on international insolvency laws and treaties.
  • Coordinating insolvency proceedings across different jurisdictions.

Litigation at the National Company Law Tribunal (“NCLT”) and National Company Law Appellant Tribunal (“NCLAT”) 

  • Representing clients in litigation related to insolvency, including preference claims, fraudulent transfers, and breach of fiduciary duty claims.
  • Handling disputes over asset ownership and distribution in insolvency cases.

Advisory Services

  • Providing advice to directors and officers on their duties in insolvency situations.
  • Advising investors on risks and opportunities associated with distressed companies.
  • Conducting due diligence on companies facing financial difficulties.