Restructuring and Insolvency
By the time a company reaches the tribunal the outcome has usually already been decided by what its creditors did in the preceding six months.
What we do
We act for financial creditors, operational creditors, resolution applicants and corporate debtors. Applications under Sections 7, 9 and 10 and the defences to them, including the pre-existing dispute defence that decides most operational creditor petitions. Committee of creditors strategy, voting arithmetic and the treatment of related party claims. Resolution plans, their compliance with Section 30 and the objections raised at approval. Avoidance applications for preferential, undervalued, extortionate and fraudulent transactions. Personal guarantor proceedings, which is where promoters now discover the Code has teeth. Liquidation, asset sales and the distribution waterfall. Appeals to the National Company Law Appellate Tribunal and beyond. Where restructuring outside the Code is still available we advise on it first, because a resolution reached without a public filing is worth a great deal more than one reached after it.
Experience
The matters below are described without identifying the client, unless the client has consented in writing to being named.
