Insolvency & Bankruptcy

Insolvency & Bankruptcy

We provide legal solutions to businesses facing bankruptcy and insolvency challenges.

Our bankruptcy lawyers are certified experts, recognized nationwide in the field of insolvency and bankruptcy.

We offer bankruptcy services from initial assessment to restructuring plans and debt negotiations.

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Insolvency & Bankruptcy Lawyers in India

Insolvency & Bankruptcy (IBC) advisory

We advise financial creditors, operational creditors, corporate debtors, resolution applicants, RPs/IRPs, and personal guarantors across the full IBC lifecycle—pre-admission strategy, CIRP, Section 12A withdrawals/settlements, liquidation, avoidance actions (PUFE), enforcement, and appeals before NCLT/NCLAT/SC.

Services Offered

Pre-Admission Strategy

We advise on pre-admission planning, including limitation analysis, mapping of defaults, and preparing Section 7 dossiers for financial creditors or Section 8 demand notices for operational creditors.

Admission & Moratorium

We assist with filing and defending petitions, seeking interim relief, and navigating the moratorium under Section 14. Our practice covers the interplay between moratorium and cheque bounce proceedings under Section 138 of the NI Act as well.

CIRP Execution

Our team manages the entire corporate insolvency resolution process (CIRP), including filing and verification of claims, constitution and voting of the Committee of Creditors (CoC), preparation of Information Memoranda, coordination with valuers, and support to Resolution Professionals. We also handle avoidance applications under Sections 43, 45, 50, and 66, protecting stakeholders against preferential, undervalued, fraudulent, and wrongful trading transactions.

Resolution Applicant Support

We advise resolution applicants on bid structuring, drafting resolution plans, and assessing feasibility. Our services offer support with beneficial ownership disclosures (as proposed under regulatory amendments), securing competition approvals from the CCI, and ensuring compliance with all statutory requirements.

Section 12A Settlements

We facilitate settlements and withdrawals under Section 12A, both before and after CoC constitution. We cover documentation, voting mechanics, and regulatory approvals.

MSME Pre-Pack (PPIRP)

For MSMEs, we provide guidance on the feasibility of pre-packaged insolvency resolution processes (PPIRP). We assist in creditor negotiations, structuring and filing applications, and managing proceedings.

Appeals & Enforcement

We represent clients before the NCLAT and the Supreme Court in appellate challenges, including admission disputes, plan compliance issues, and tax or regulatory interference with approved plans.

Cross-Border Compliance

Assisting with the complexities of cross-border transactions, including foreign direct investment and international trade compliance, facilitating smooth international operations.

Why Choose Us?

Comprehensive Expertise

With a deep understanding of bankruptcy laws and extensive experience in handling insolvency cases, our team offers expertise to address all aspects of the insolvency process.

Skilled Litigators

Our team includes skilled bankruptcy lawyers who excel in representing clients in bankruptcy and insolvency litigation.

Tailored Solutions

At Maheshwari & Co., we understand that every insolvency case is unique and we tailor our approach accordingly.

Who We Act For

  • Financial Creditors (Banks, NBFCs, ARCs)
  • Operational Creditors
  • Corporate Debtors & Promoters
  • Resolution Applicants
  • Resolution Professionals (RPs/IRPs)
  • Personal Guarantors

Recent Matters

Our firm successfully represented the Complainant Bank in resisting an application seeking protection under Section 96 of the Insolvency and Bankruptcy Code, 2016 to stall cheque bounce prosecutions under Section 138 NI Act.

Our Primary Offices

Insolvency & Bankruptcy Services in Delhi and Mumbai

MAHESHWARI & CO. provides insolvency and bankruptcy advisory from its primary offices in Delhi and Mumbai. Our team represents financial creditors, operational creditors, corporate debtors, resolution professionals, and resolution applicants before the NCLT, NCLAT, DRTs, and the Hon’ble Supreme Court.

Whether you are seeking experienced IBC lawyers in Delhi or insolvency specialists in Mumbai, our team offers practical and well-informed legal solutions.

Testimonials Of Clients

FAQ

Section 7 vs Section 9—what’s the difference?

Section 7 (financial debt) can be filed by financial creditors; Section 9 follows a Section 8 demand by operational creditors for undisputed, due operational debt. (Corporate debtor may file Section 10.)

How long does CIRP take—really?

Statute targets 180 + 90 = 270 days (now administered as 330-day outer limit), but recent data and case-watching show frequent overruns; one May 2025 ruling also raised concerns about plan finality years post-approval—so we build timelines with contingency.

Is CCI approval now a pre-CoC step?

In Jan 29, 2025, a three-judge SC bench read the IBC to require CCI approval as mandatory (not directory) before CoC considers a plan—we align plan calendars accordingly.

Does the moratorium stop cheque-bounce (NI Act §138) cases?

Against the corporate debtor—yes; against responsible directors/individuals—no. Plan strategy must protect both tracks.

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