Restructuring & Insolvency

Since inception, the firm is widely acknowledged as the leader in Restructuring and Insolvency practice in India. Mr. Alok Dhir, Founding Partner of the firm is one of the pioneers in stressed assets advisory since the early 80s and has witnessed the entire lifespan of insolvency and its related aspects right from Sick Industrial Companies Act 1985 (SICA) to Insolvency & Bankruptcy Code 2016. He has navigated the entire regulatory changes in the Insolvency Laws for over nearly 40 years. He has been on various committees appointed by the Government of India, Industry Federations and Regulators over the last four decades and has influenced the formulation of successive legislations like SICA, RDDB, SARFAESI, IBC, etc. He has advised multiple stakeholders under various insolvency regimes and restructuring under RBI notified schemes like CDR, SDR, S4A and the recent RBI circulars.

Dhir & Dhir has a well-rounded sizeable practice of both litigation and non-litigation work in the area of Insolvency and Restructuring. We have been involved in various high value and complex corporate restructuring and litigation. We have advised our clients on Individual and corporate bankruptcy, cross border insolvencies and group insolvencies etc. We advise not in only formal restructuring process but also negotiated and bilateral restructuring. We leverage our experience across numerous practice areas to identify key challenges arising in restructuring advisory, addressing concerns of all interested parties to deliver comprehensive and seamless legal services to our clients. Our detailed and comprehensive strategies address a wide range of issues that are faced during restructuring by underperforming or distressed companies in the private and public sector. We are recognised as being very innovative, pragmatic and master strategists in achieving the objectives of our clients and aggressive in enforcing recovery for them while being regulatory compliant and avoiding reputational risks. Our advice has helped maximize results for all stakeholders and in the process, has established Dhir & Dhir as a trustworthy partner to its clients.

Our highly qualified, innovative and experienced team includes lawyers, chartered accountants, MBAs and Engineers with specialized knowledge and experience in insolvency resolution and the Insolvency & Bankruptcy Code 2016. The firm understands that there are situations when a distressed business can be rescued, rehabilitated or reorganized, and when liquidation is the best alternative, to ensure value enhancement for the stakeholders, in defined timelines.

Our team helps maximize recovery, protect business or investment, preserve critical relationships and minimize write-offs. However, if a client’s distressed situation is not resolved through a recovery platform, then we further work to formulate strategies that can guide the clients through the process of insolvency resolution. We have advised on some of the largest and most complex restructurings, and pride ourselves on providing out of the box solutions as well as real commercial results.

To provide a seamless and integrated service, the firm works closely with specialists in related practice areas including finance, corporate, real estate, employment, pension, tax, environment, regulatory, capital markets and litigation. We represent lenders and investors on a wide range of issues including exit strategies, refinancing, debt restructuring and investment in distressed assets.

Our clients include lenders and investors at all levels of the capital structure, defaulting companies, promotors / directors, financial and operational creditors, Creditor Committees (COC), insolvency professionals, liquidators, stakeholders committees, trustees and government institutions.

The firm is widely recognised as the top law firm in restructuring and Insolvency space by leading ranking guides and research publications like Legal500, Chambers and Partners, IFLR1000, Asia Law Profiles, India Business Law Journal Benchmark Litigation etc. and has received various accolades and awards for this area of practice.

Our expertise covers legal and commercial advice on matters including:

  • Contingency planning/ Pre Insolvency/ Distress Advisory;
  • Negotiations with creditors for settlements and restructuring;
  • Negotiations / Arrangements with creditors and members;
  • Multi-lateral/ Bi-lateral Debt restructuring with lenders;
  • Distressed financing and re-schedulements;
  • Out-of-court restructurings and refinancing;
  • Corporate Restructuring based on Mergers/Amalgamation/ Demergers/ Hive off/Take over/Acquisitions etc
  • Financial Restructuring of Debts Reorganization through RBI circulars & Insolvency and Bankruptcy Code2016 (IBC 2016);
  • Individual & Corporate Insolvency / advising on Cross Border Insolvency/Group Insolvency;
  • Acting as Lawyers/Advisors to RP/COC/Liquidator and Representation before NCLT/NCLAT/High Courts and Supreme Court of India;
  • Formulating Resolution Plans for prospective Resolution Applicant;
  • Verification of Claims, Due Diligence u/s 29A, drafting Evaluation Matrix, RFRP etc.
  • Analysis of Resolution Plans in terms of compliance with provisions of IBC 2016.
  • Identifying strategic investors /Prospective Resolution Applicants;
  • Debt Acquisition through an Asset Reconstruction Companies/ NBFCs and devising an efficient and viable restructuring model;
  • Formal insolvency/ liquidation / bankruptcy filing and conducting proceedings before the court (NCLT/DRT) through Insolvency and Bankruptcy Code2016;
  • Debt Recovery Tribunal (DRT) including SAs under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI);
  • Enforcement of Security Interest;
  • Legal & Transactional Due Diligence;
  • Liquidations under IBC 2016 & Voluntary Liquidations;
  • Facility, Security and Credit Support Reviews for Lenders and Borrower Groups.

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