Insolvency & Bankruptcy (IBC)

Reviving Finances, Resolving Defaults

Financial hardship,be it due to market fluctuations, rising debt, or sudden crises can hit even the strongest businesses or individuals. It takes more than mere legal expertise to navigate such sophisticated financial conditions, one needs master strategy, timely action, and an in-depth knowledge of insolvency laws. That’s where Legallyne comes in.

We specialize in providing customized legal solutions under the Insolvency and Bankruptcy Code (IBC), 2016, India’s revolutionary legal code for debt restructuring and resolution. Whether you are a creditor who needs to recover dues or a debtor in need of relief and restructuring.

At Legallyne, we bridge the gap between real-life experience, legal expertise, and client-centric service to empower you to manage your financial future. Backed by a network of retired judges we provide the most practical and dependable legal assistance.

Why Choose Us?

At Legallyne, we stand out because:

You will consult with seasoned retired judges who have presided over numerous insolvency and bankruptcy cases, offering unmatched insight into NCLT proceedings and financial dispute resolution.

Gain access to trusted advice from retired judges, including panel members with deep expertise in bankruptcy matters, ensuring integrity and sound legal guidance. With over 5,000 cases resolved, 15,000+ questions answered, and an 87% client satisfaction rate, our experience speaks for itself. We serve clients across more than 100 cities, offering expert assistance no matter where you are based.

What is Insolvency & Bankruptcy (IBC) ?

The Insolvency and Bankruptcy Code, 2016 (IBC) simplifies insolvency law in India, substituting scattered legacy laws under a single mechanism to unlock value for stakeholders. It applies to companies, LLPs, partnerships, and individuals.

Eligibility for Insolvency & Bankruptcy (IBC) in India

Corporate Debtors: Businesses/LLPs with defaulting loans—usually above ₹1 crore these days—are able to initiate the Corporate Insolvency Resolution Process (CIRP).
Creditors: Financial or operational creditors (including homebuyers) can also initiate the process.
Individuals & Partnerships: Different mechanisms under IBC are available for individuals and partnerships.

Step-by-Step Process

Step 1

Initiation: By debtor or creditor

petition to NCLT (companies) or DRT (individuals). 2. Admission & Moratorium: On admission, NCLT issues moratorium; board stand suspended; an Interim Resolution Professional (IRP) is appointed.

Step 2

Admission & Moratorium

On admission, NCLT issues moratorium; board stand suspended; an Interim Resolution Professional (IRP) is appointed.

Step 3

Committee of Creditors (CoC)

IRP constitutes CoC of financial creditors; it appraises and votes (at least 66%) on resolution plans.

Step 4

Resolution or Liquidation

If NCLT sanctions plan, company is restored; if not settled within 180 days (extendable to 330), liquidation occurs.

Documents Required

List of creditors and liabilities
Financial statements and audit reports
Loan agreements and default notices
Business and asset details
Operational documents (e.g., supplier/customer agreements)

Common Mistakes

Delays in submitting documents or deadlines
Incomplete or inaccurate financial data
Underestimating legal intricacies or judicial timelines
Overlooking requirements of eligibility and thresholds (e.g., default amount)
Misinterpretation of IBC's procedural sequence or tribunal expectations

Recent Landmark Judgments

Supreme Court recalls its own liquidation order against Bhushan Power & Steel Ltd. (2025)

On August 1, 2025, the Supreme Court reversed its earlier May 2 order to liquidate Bhushan Power & Steel. The company had been successfully revived under a resolution plan approved under the IBC.

Supreme Court rejects BCCI and Byju’s plea to withdraw insolvency proceedings. (2025)

On July 21, 2025, the apex court dismissed the plea by BCCI (as an operational creditor) and Think & Learn (Byju’s parent), preventing withdrawal of CIRP (Corporate Insolvency Resolution Process) against Byju’s.

Supreme Court annuls JSW Steel’s acquisition of Bhushan Power & Steel. (2025)

In a significant reversal in May 2025, the Supreme Court declared JSW Steel’s 2019 resolution plan and acquisition of Bhushan Power & Steel invalid due to flawed processes, ordering liquidation.

NCLAT: Arbitral awards constitute financial debt—Shankar Kashid vs Intec Capital Ltd. (2025)

May 2, 2025: The NCLAT ruled that an arbitral award qualifies as financial debt under Section 5(8) of the IBC, and non-payment is considered a default.

Myths vs Facts

Banks alone can trigger insolvency
Not true: operational creditors and individuals (including housing buyers) can too
IBC invariably results in liquidation.
Most instances currently result in resolution.
The system is slow and old-fashioned.
On the contrary, reforms and recent amendments are making compliance more streamlined and efficient.
IBC is only available to big corporates
The code is applicable to MSMEs, partnerships, and individuals with fast-track provisions.

Frequently Asked Questions

Typically 180 days, with possible extension up to 330 days. 

The Committee of Creditors (CoC) by a 66% voting majority.

Yes,They're identified as financial creditors since the 2018 amendment.

If no plan is sanctioned within the statutory timeframe, the debtor is liquidated.

Yes,IBC now also comprises pre packaged insolvency resolution procedures for faster, cost-effective resolutions.

Client Testimonials

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