Insolvency and Bankruptcy Code, 2016

Insolvency & related Advisory Services
The Insolvency and Bankruptcy Code 2016 (‘IBC’ or ‘the Code’) is poised to be a game changer, aiming to deal with insolvency and liquidation proceedings in a timely and efficient manner in order to maximize value of assets and boost investor confidence by providing an efficient framework to deal with the business failures. Furthermore, the Code shifts the paradigm from “Debtor in Possession” to “Creditors in Control,” with creditors exercising timely control in the event of a default in the repayment of any debt, including interest.
Our professionals have developed an integrated and comprehensive expertise in driving various processes under IBC. As an Insolvency Professional, we offer services in the realms of Corporate Insolvency Resolutions Process (‘CIRP’), Liquidation of the Corporate Debtor, Fresh Start Process, Insolvency/Bankruptcy of the Personal Guarantor, etc.
Glance of services which can help smooth sailing process under IBC:

Strategic planning at BSC integrates comprehensive tax planning and optimization of tax credits to enhance business growth and financial efficiency. We advise our clients in formulating strategies to realize the best value of their assets, both for the lender and various stake holders under the IBC regime.

Our Team of IPs who understand the Insolvency Resolution Process, can act as Interim Professional recommended (IRP) by Financial or Operational Creditor or the Debtor (“Applicant/s”) who plan to file an application for initiating corporate insolvency process under Sec. 7, 9, or 10 of the Insolvency and Bankruptcy Code, 2016 In case, the Present IRP is not continued as Resolution Professional (RP) by the Committee of Creditors (CoC) OR there is a change of the existing Resolution Professional, we offer our services as the Resolution Professional (RP) in a Corporate Insolvency Resolution Process.
The CIRP invariably involves legal proceedings, including submissions to the National Company Law Tribunal (‘NCLT’) and the National Company Law Appellate Tribunal (‘NCLAT’) at every juncture. We have an in-house expertise who can provide the following services;
BSC, as a Process Advisors, assists Insolvency Professionals (‘IP’) and other stakeholders in maximising value in the resolution process. They play an essential role in achieving a balance between various stakeholders and Investors. We also assist in drafting, negotiation, and finalisation of relevant transaction. We act as process advisors to the professionals who have been appointed as IRP and/or RP.
Our clients include lenders and investors at all levels of the capital structure, defaulting companies, promotors / directors, financial and operational creditors, Committee of Creditors (CoC), insolvency professionals, liquidators, stakeholders’ committees, trustees and government institutions, etc.

Pre-packaged Insolvency

The Pre-Packaged Insolvency Resolution Process (“pre-pack”) was introduced on April 4, 2021, under the Insolvency and Bankruptcy Code, 2016. (IBC) for corporate persons categorised as micro, small, and medium enterprises (‘MSMEs’). This is also known as a “efficient alternative insolvency resolution process”. Its goal is to provide a cost-effective, quick, and value-maximizing mechanism for resolving insolvency with the least amount of disruption to the business operations.
Primarily, the pre-pack process is an alternative bankruptcy resolution method for MSME corporate debtors, involving a “debtor-in-possession with creditor-in-control” paradigm and a shorter timeline.
We, at BSC, offer you full support at all stages of your proceedings, as described below, in the pre-pack process: