Restructuring And Insolvency Lawyer in Pune

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+91 820 890 9423

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Office Address

Flat No. 302, Kalunkhe Niwas, Khopade Nagar, Gujaewadi, Katraj, Pune - 411041

Welcome to Trident Legal, your trusted partner in Pune’s complicated world of Restructuring and Insolvency Law. Led by Advocate Nikhil Rathod, our solo practice is committed to providing superior legal services targeted to your circumstances. With a profound awareness of the complexity of corporate restructuring, insolvency processes, and related regulations, Advocate Nikhil Rathod is your go-to Restructuring and Insolvency Lawyer in Pune. We aim to guide you through every legal problem, ensuring your interests are protected and your objectives are realized.

Information about Restructuring And Insolvency Lawyer in Pune:

Trident Legal recognizes that financial crises, business downturns, and bankruptcy concerns can offer substantial challenges for enterprises and individuals alike. Our competence focuses on giving full legal advice for restructuring, and insolvency matters customized to the Pune jurisdiction. Advocate Nikhil Rathod’s deep-rooted knowledge of the legal system and expertise guarantees that you receive top-tier legal assistance and representation.

How to Choose the Best Restructuring And Insolvency Lawyer in Pune:

Choosing the best Restructuring and Insolvency Lawyer in Pune is a key decision that might affect the outcome of your case. Advocate Nikhil Rathod’s reputation for integrity, devotion, and client-centric approach sets him apart. With a solid track record of effectively resolving complex restructuring and insolvency matters, he is well-equipped to grasp your unique circumstances and give efficient legal answers.

Here are some of the skills and knowledge required for a restructuring and insolvency lawyer:

  1. solid knowledge of the law: Restructuring and insolvency lawyers need to have a solid understanding of the law, particularly the Insolvency and Bankruptcy Code, 2016, the Companies Act, 2013, and the National Company Law Tribunal (NCLT) Rules, 2016.
  2. Ability to understand complicated financial information: Restructuring and insolvency lawyers must analyze sophisticated financial information, such as balance sheets, income statements, and cash flow statements. They need to be able to detect potential hazards and possibilities for clients.
  3. Excellent communication skills: Restructuring and insolvency lawyers need to communicate effectively with clients, other lawyers, and insolvency experts. They need to be able to communicate complex legal principles simply and succinctly.
  4. Ability to operate under pressure: Restructuring and insolvency lawyers typically work under tight deadlines and with demanding clients. They need to be able to tolerate tension and operate efficiently under pressure.
  5. Teamwork skills: Restructuring and insolvency lawyers generally work as a team. They need to be able to collaborate with others and communicate knowledge efficiently.
  6. Business acumen: Restructuring and insolvency lawyers need to thoroughly understand business and how businesses work. They must grasp the financial challenges firms confront and how to solve them.

In addition to these skills and knowledge, restructuring and insolvency lawyers must also be up-to-date on the latest developments in the law and the market. They need to be able to recognize new trends and opportunities for clients.

What is Restructuring And Insolvency?

Restructuring and insolvency are two legal words that are commonly used interchangeably, but they have different meanings. Restructuring is reforming a business or financial organization to make it more viable. This can involve various steps, such as debt restructuring, asset sales, and management changes.

Insolvency is the state of being unable to pay one’s debts. When a firm or individual becomes insolvent, it may be obliged to file for bankruptcy. Bankruptcy is a legal process that permits a debtor to reorganize its obligations or liquidate its assets to pay its creditors. Restructuring and insolvency are commonly used simultaneously. A corporation may initially attempt to restructure its obligations to avoid bankruptcy. If restructuring is unsuccessful, the corporation may then be obliged to file for bankruptcy.

Restructuring and insolvency lawyers aid organizations and people that are facing financial troubles. They can advise on restructuring options, represent clients in bankruptcy proceedings, and aid in recovering assets for creditors.

About Restructuring And Insolvency Law in India:

Restructuring and insolvency legislation in India is controlled by the Insolvency and Bankruptcy Code, 2016 (IBC). The IBC provides a comprehensive framework for resolving the financial problems of enterprises, individuals, and partnership firms.

The IBC has some important purposes, including:

  1. To protect the rights of creditors and other stakeholders of insolvent enterprises.
  2. To promote the rebirth of viable enterprises.
  3. To optimize the value of assets of insolvent entities.
  4. To ensure fairness and transparency in the insolvency process.

 

The IBC provides various restructuring and insolvency options for firms and individuals, including:

  1. Voluntary liquidation: A firm or individual can voluntarily liquidate its assets if it is unable to pay its debts.
  2. Compulsory liquidation: A corporation or individual can be compulsorily liquidated by the National Corporation Law Tribunal (NCLT) if considered insolvent.
  3. Corporate insolvency resolution procedure (CIRP): A firm suffering financial difficulties might launch a CIRP to restructure its obligations or sell its assets.
  4. Personal insolvency resolution process (PIR): An individual having financial difficulties might commence a PIR to reorganize his or her debts.

The IBC is a very young statute that is still being read and applied by the courts. However, it has the potential to greatly enhance the restructuring and insolvency scenario in India.

Statutes Related to Restructuring And Insolvency Law in India:

The following are some of the statutes regarding restructuring and insolvency law in India:

  1. The Insolvency and Bankruptcy Code, 2016: This Code is India’s primary law governing restructuring and insolvency. It provides a comprehensive framework for resolving the financial difficulty of enterprises, individuals, and partnership firms.
  2. The Companies Act, 2013: This Act covers measures linked to the restructuring of companies, such as the scheme of arrangement and the compromise with creditors.
  3. The National Company Law Tribunal (NCLT) Rules, 2016: These rules regulate the procedure for filing cases and conducting hearings in the NCLT.
  4. The Insolvency and Bankruptcy Board of India (IBBI) Regulations, 2016, specify the procedure for registering insolvency professionals, insolvency resolution professionals, and bankruptcy trustees.
  5. The Bankruptcy and Bankruptcy (Amendment) Act, 2022: This Act alters the Insolvency and Bankruptcy Code, 2016, to improve India’s restructuring and bankruptcy system.

India’s legal framework for restructuring and insolvency contains many statutes and regulations. Advocate Nikhil Rathod’s knowledge spans several legal issues, ensuring that you obtain strategic assistance in conformity with the applicable legislation.

About The Insolvency and Bankruptcy Code, 2016:

The Insolvency and Bankruptcy Code, 2016 (IBC) is a comprehensive law that oversees the restructuring and insolvency of companies, individuals, and partnership firms in India. It was enacted in 2016 and came into force in 2017.

The IBC has some important purposes, including:

  1. To protect the rights of creditors and other stakeholders of insolvent enterprises.
  2. To promote the rebirth of viable enterprises.
  3. To optimize the value of assets of insolvent entities.
  4. To ensure fairness and transparency in the insolvency process.

The IBC provides various restructuring and insolvency options for firms and individuals, including:

  1. Voluntary liquidation: A firm or individual can voluntarily liquidate its assets if it is unable to pay its debts.
  2. Compulsory liquidation: A corporation or individual can be compulsorily liquidated by the National Corporation Law Tribunal (NCLT) if considered insolvent.
  3. Corporate insolvency resolution procedure (CIRP): A firm suffering financial difficulties might launch a CIRP to restructure its obligations or sell its assets.
  4. Personal insolvency resolution process (PIR): An individual having financial difficulties might commence a PIR to reorganize his or her debts.

The IBC is a very young statute that is still being read and applied by the courts. However, it has the potential to greatly enhance the restructuring and insolvency scenario in India.

Here are some of the important aspects of the IBC:

  1. One-stop shop: The IBC provides a single forum for resolving financial crises of enterprises, individuals, and partnership firms. This contrasts the former system, which was fragmented and convoluted.
  2. Time-bound process: The IBC sets up a time-bound approach for settling financial crises. This is meant to decrease the uncertainty and delays that characterize insolvency processes.
  3. Fairness and transparency: The IBC is supposed to be fair and transparent. This is meant to protect the interests of all stakeholders in the insolvency process.
  4. Regulatory oversight: The IBC established the Insolvency and Bankruptcy Board of India (IBBI) to regulate the insolvency process. This is meant to ensure that the process is done fairly and orderly.

The Bankruptcy and Bankruptcy Code of 2016 altered the bankruptcy landscape in India. Advocate Nikhil Rathod’s proficiency in this code enables him to guide clients through the nuances of insolvency proceedings, whether you’re a creditor, debtor, or any other party.

About The Insolvency and Bankruptcy (Amendment) Act, 2022:

The Indian Parliament passed the Insolvency and Bankruptcy (Amendment) Act 2022 on February 14, 2022. The Act alters the Insolvency and Bankruptcy Code, 2016 (IBC) to improve India’s restructuring and insolvency framework.

Some of the significant modifications implemented by the Amendment Act include:

  1. Increased time limit for completion of corporate insolvency resolution procedure (CIRP): The time limit for completion of CIRP has been increased from 180 days to 330 days. This will allow insolvency professionals more time to create a resolution plan for the debtor company.
  2. Introduction of the pre-packaged insolvency resolution process (PIRP): PIRP is a new process allowing a bankrupt company to offer a resolution plan to its creditors before CIRP begins. This is a more efficient and less economical way to resolve insolvency problems.
  3. Relaxation of norms for appointing insolvency experts: The Amendment Act relaxes the criteria for appointing insolvency professionals. This is meant to make it easier to appoint trained insolvency practitioners to handle insolvency matters.
  4. Increased penalties for fraudulent transactions: The Amendment Act enhances the penalty for fraudulent transactions that are conducted during the insolvency process. This is meant to deter such transactions and protect creditors’ interests.
  5. Establishment of an appellate tribunal: The Amendment Act establishes an appellate tribunal to hear appeals against rulings granted by the National Company Law Tribunal (NCLT). This is meant to provide a quicker and more efficient method for appeals.

The Amendment Act is a significant step forward in the evolution of insolvency and bankruptcy legislation in India. It is expected to make the insolvency process more efficient and effective and to protect the interests of creditors and other stakeholders.

Latest News on Restructuring And Insolvency Law in India:

Here are some of the latest news on restructuring and insolvency legislation in India:

  1. The National Company Law Tribunal (NCLT) has accepted the resolution plan for Jet Airways. The resolution plan was offered by a consortium led by the Tata Group. The arrangement will see the airline emerge from bankruptcy and begin operations.
  2. The Insolvency and Bankruptcy Board of India (IBBI) has announced new guidelines for the pre-packaged insolvency resolution process (PIRP). The rules provide a framework for enterprises to propose a resolution plan to their creditors before CIRP begins.
  3. The IBBI has also established revised guidelines for appointing insolvency experts. The rules relax the norms for the recruitment of insolvency specialists, making it easier to appoint qualified professionals to handle insolvency cases.
  4. The government of India has proposed a new scheme to provide financial help to stressed micro, small, and medium companies (MSMEs). The scheme will grant loans of up to INR 10crore to MSMEs facing financial challenges.

These are only some of India’s latest headlines on restructuring and insolvency legislation. The legislation in this field is continually evolving. Therefore, it is crucial to stay up-to-date on the newest changes.

Law Amendment relating to Restructuring And Insolvency Law in India:

  1. The Bankruptcy and Bankruptcy (Amendment) Act, 2022: This Act alters the Insolvency and Bankruptcy Code, 2016 (IBC) to improve the restructuring and bankruptcy framework in India. Some of the significant modifications implemented by the Amendment Act include:
    1. Increased time limit for completion of corporate insolvency resolution process (CIRP): The time limit for completion of CIRP has been increased from 180 days to 330 days. This will allow insolvency professionals more time to create a resolution plan for the debtor company.
    2. Introduction of pre-packaged insolvency resolution process (PIRP): PIRP is a new process allowing a bankrupt company to offer a resolution plan to its creditors before CIRP begins. This is a more efficient and less economical way to resolve insolvency problems.
    3. Relaxation of norms for appointing insolvency experts: The Amendment Act relaxes the norms for appointing insolvency professionals. This is meant to make it easier to appoint trained insolvency practitioners to handle insolvency matters.
    4. Increased penalties for fraudulent transactions: The Amendment Act enhances the penalty for fraudulent transactions conducted during insolvency. This is meant to deter such transactions and protect creditors’ interests.
    5. Establishment of an appellate tribunal: The Amendment Act establishes an appellate tribunal to hear appeals against rulings granted by the National Company Law Tribunal (NCLT). This is meant to provide a quicker and more efficient method for appeals.
  2. The Insolvency and Bankruptcy Board of India (IBBI) has announced new guidelines for the pre-packaged insolvency resolution process (PIRP). The rules provide a framework for enterprises to propose a resolution plan to their creditors before CIRP begins.
  3. The IBBI has also established revised guidelines for appointing insolvency experts. The rules relax the norms for the recruitment of insolvency specialists, making it easier to appoint qualified professionals to handle insolvency cases.
  4. The government of India has proposed a new scheme to provide financial help to stressed micro, small, and medium companies (MSMEs). The scheme will grant loans of up to INR 10crore to MSMEs facing financial challenges.

What does Restructuring And Insolvency Lawyer do?

As a Restructuring and Insolvency Lawyer in Pune, Advocate Nikhil Rathod covers a range of responsibilities, including legal counseling, representation in court proceedings, negotiation, producing legal papers, and strategic planning. He seeks to safeguard your rights and interests while guiding you toward a favorable settlement.

Why should you pick Trident Legal:

Choosing Trident Legal means teaming with Advocate Nikhil Rathod, a trusted name in Restructuring and Insolvency Law in Pune. His attention to your case, combined with his significant expertise and hands-on experience, guarantees that you receive unrivaled legal guidance. Advocate Nikhil Rathod’s individualized approach and commitment to achieving outcomes set him apart as the ideal choice for your legal needs.

Services We Provide:

Restructuring And Insolvency Lawyer in Pune

Conclusion

In the evolving world of Restructuring and Insolvency Law in Pune, Trident Legal, and Advocate Nikhil Rathod stand as pillars of support, helping you through complexity and uncertainties. Whether you’re a business owner trying to restructure or an individual experiencing insolvency issues, our knowledge, devotion, and commitment to your success make us the ideal choice. Contact us immediately at Trident Legal for comprehensive legal guidance that empowers you to understand the nuances of Restructuring and Insolvency Law in Pune.

Contact Details:

Address: Khopade Nagar, Katraj, Pune, 411041

Phone: +91-820-890-9423

Email: desk@tridentlegal.in

Restructuring And Insolvency Lawyer in Pune : Help You Restructure Your Business

FREQUENTLY ASKED QUESTIONS (FAQ’S) FOR RESTRUCTURING AND INSOLVENCY LAWYER IN PUNE

What is the role of a restructuring and insolvency lawyer?

Restructuring and insolvency lawyers specialize in helping businesses navigate financial distress, bankruptcy, and debt-related issues. They provide legal advice and guidance during financial reorganizations and insolvency proceedings.

When should I consider hiring a restructuring and insolvency lawyer?

You should consider hiring a lawyer in situations where your business is facing financial difficulties, such as mounting debt, creditor pressure, or the need for a formal restructuring process.

What are the different types of insolvency proceedings?

Insolvency proceedings can include bankruptcy, liquidation, debt restructuring, and schemes of arrangement. A lawyer can explain the differences and guide you through the appropriate process for your situation.

How can a lawyer help with debt restructuring?

A lawyer can help negotiate with creditors, draft and review restructuring agreements, and ensure compliance with legal requirements throughout the process.

What is the difference between Chapter 7 and Chapter 11 bankruptcy?

In the context of the Indian legal system, there isn't a direct equivalent to these chapters. However, a lawyer can explain the insolvency and bankruptcy processes available under the Insolvency and Bankruptcy Code of India.

How does the Insolvency and Bankruptcy Code (IBC) apply to my business?

The IBC provides a framework for the insolvency resolution process in India. A lawyer can guide you through the IBC's provisions, procedures, and implications for your business.

Can I save my business through a restructuring process?

A lawyer can assess your business's financial situation and recommend the appropriate course of action, which could involve a restructuring plan to help save the business.

What is a moratorium period in insolvency proceedings?

A moratorium is a period during which creditors are prohibited from taking legal action against a debtor. This period allows the debtor to focus on restructuring without external pressures.

How can I protect my interests as a creditor in insolvency cases?

A lawyer can help you understand your rights as a creditor, assist in filing claims, and represent your interests during insolvency proceedings.

What should I look for when hiring a restructuring and insolvency lawyer in Pune?

Look for a lawyer with expertise in insolvency and restructuring laws, experience in handling similar cases, good communication skills, and a track record of achieving favorable outcomes for clients.

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