- Our Practice Areas
Insolvency & Bankruptcy Law
We provide strategic, time-critical guidance for insolvency, restructuring, and bankruptcy matters — ensuring clients navigate financial distress with clarity and legal precision.
Company presentation
Insolvency & Bankruptcy Law
In an economy defined by rapid change, capital cycles, and evolving corporate structures, insolvency and bankruptcy law sits at the intersection of law, commerce and consequence.
At Vox Iuris LLP we provide focused, strategic and courtroom-proven advice on insolvency matters — from urgent creditor remedies, resolution proceedings, restructuring, liquidation and cross-border coordination. Our aim is to protect value, preserve viable businesses where possible and, where resolution is unavoidable, secure an orderly and legally sound outcome for our clients.
Introduction: why insolvency law matters now
Every instance of financial distress presents complex legal, commercial and reputational choices. The Insolvency and Bankruptcy Code (IBC) transformed how India approaches corporate distress by creating a time-bound, creditor-driven, rehabilitation and resolution process. Yet the IBC’s procedural sophistication and frequent judicial developments mean that outcomes hinge on expert navigation, precise pleadings, targeted interim relief, clear financial evidence, and persuasive legal argumentation. Whether you are a financial creditor, corporate debtor, promoter, or operational creditor, the quality of legal advice directly affects your options and results.
Vox Iuris combines litigation experience at High Court and Supreme Court, commercial sensitivity, and a strong command of facts and documentation. We work with boards, insolvency professionals, creditors’ committees and investors to convert distressed situations into managed processes that protect stakeholder value and legal entitlement.
The legal framework: the IBC and the adjudicatory architecture
The Insolvency and Bankruptcy Code, 2016, brought a consolidated framework for insolvency resolution and liquidation in India, supported by rules, regulations and guidance from regulatory bodies. Core features include creditor-driven initiation, moratorium period, time-bound CIRP, and a statutory hierarchy for claims.
Adjudication under the IBC is handled primarily by the NCLT, with appeals to the NCLAT and further to the Supreme Court on substantial questions of law. Parallel forums — civil courts, bankruptcy courts for individuals, consumer fora and special tribunals — may handle related disputes, while regulatory authorities and banking institutions often play a key operational role. Cross-border matters add complexity involving choice of law, recognition of foreign insolvency processes and co-operation with foreign courts.
A strong IBC strategy requires mastery of:
moratorium scope, insolvency–contract interplay, valuation & voting dynamics, preferential transactions, avoidance provisions, and liquidation mechanics. Vox Iuris advises on all these with procedural discipline and commercial realism.
Stakeholders and interests: aligning priorities under pressure
Insolvency matters feature multiple, sometimes competing stakeholders: secured lenders, operational creditors, unsecured creditors, employees, insolvency professionals, resolution applicants, shareholders, and regulatory authorities. Each party brings distinct objectives — recovery, continuation of business, preservation of employment, or enforcement of regulatory norms.
A successful strategy begins with mapping these interests, identifying leverage points, and designing a route that preserves maximum recoverable value while minimizing litigation exposure.
Our approach at Vox Iuris: precise, pragmatic, principled
We treat every matter as a bespoke challenge that demands legal precision and business sense. Our approach follows a disciplined six-step method:
Rapid assessment and triage — we identify immediate risks (asset flight, corporate governance gaps, preferential transfers) and preserve rights through injunctions, attachments or notices.
Fact architecture — we assemble financial statements, bank records, transaction trails and contractual histories to create an evidentiary foundation.
Legal framing — we choose the most suitable legal pathway: insolvency petition, enforcement action under SARFAESI, civil suit, arbitration support or negotiated resolution.
Procedural execution — filings, interim relief, committee advocacy and court hearings are managed with emphasis on clarity, succinct submissions and timing.
Negotiation and resolution design — we craft commercially realistic resolution plans and settlement structures that withstand judicial and creditor scrutiny.
Post-resolution implementation — from monitoring plan implementation to overseeing liquidation and recovery steps, we remain engaged until the outcome is realized.
This method allows us to be responsive in emergencies while building a durable case for the longer stages of insolvency litigation and resolution.
Core services we provide
Vox Iuris offers a full suite of insolvency and bankruptcy services for corporates, financial institutions, restructuring professionals and individuals:
Corporate Insolvency Resolution Process (CIRP) advisory: drafting and prosecuting petitions under Section 7/9/10, defending petitions, preparing evidence and submissions, representing clients at NCLT/NCLAT and formulating commercially defensible resolution plans.
Creditor enforcement and recovery: advising secured lenders and operational creditors on enforcement under IBC, SARFAESI, charge realization, and recovery through civil and insolvency procedures.
Resolution plan structuring and implementation: advising resolution applicants and committees on plan architecture — funding, operational restructuring, governance arrangements, treatment of creditors and regulatory approvals.
Liquidation and winding up: handling liquidation proceedings, asset realization strategies, clawback actions, creditor committees and distribution protocols under the IBC.
Insolvency litigation and appellate advocacy: rigorous representation before the NCLT, NCLAT and Supreme Court on matters of admission, jurisdiction, voting disputes, admission grounds, valuation disputes and legal interpretation.
Transaction advisory for stressed assets: due diligence, purchase agreements, indemnity frameworks, tax and regulatory compliance for acquisitions of stressed companies.
Cross-border insolvency coordination: working with foreign counsel and insolvency practitioners for recognition, co-operation and coordinated recovery in multi-jurisdictional insolvencies.
Pre-insolvency restructuring and negotiation: out-of-court restructuring, debt-for-equity swaps, standstill agreements, business continuity arrangements and settlements.
Advisory on preferential and fraudulent transactions: analysis and action under sections dealing with avoidance transactions, fraudulent preferences and clawback mechanisms.
Personal insolvency and bankruptcy: advising individuals on bankruptcy petitions, rehabilitation processes and creditor negotiations.
Each service is delivered through a blend of technical legal argument, forensic financial work and a commercially realistic roadmap for clients’ objectives.
Litigation strategy: court craft, clarity, and pace
Insolvency litigation rewards brevity, clarity and procedural agility. Courts expectedly focus on material facts: company accounts, repayment history, security enforcement, timelines and the commercial viability of resolutions. Accordingly, our litigation strategy emphasizes:
early identification and preservation of critical documentary evidence;
concise pleadings that frame the discrete legal questions for the tribunal;
strategic use of interim applications to prevent asset dissipation or to secure essential reliefs;
targeted witness affidavits and expert reports (valuation, forensic accounting) where necessary;
pre-emptive challenge and defence to procedural vulnerabilities (defect in petition, jurisdictional objections, limitation queries); and
economically minded submissions that present resolution plans as better value than liquidation where appropriate.
Vox Iuris’ courtroom advocacy is tailored to the Bench’s expectations: precise oral submissions, well-indexed bundles and an ability to distil complex financial matrices into judgeable issues. On appeal, our written submissions and oral advocacy reflect the higher court’s focus on legal principles and systemic implications.
Restructuring, turnaround and practical solutions
Not every distressed situation requires formal insolvency proceedings. In many cases, an out-of-court restructuring or negotiated settlement preserves value while avoiding the time and cost of CIRP. Our team routinely advises on:
consensual debt restructuring and standstill agreements;
short-term liquidity mechanisms and debtor-in-possession financing;
operational turnaround measures, including management changes, cost rationalization and contractual re-negotiations;
bespoke settlement frameworks for supplier, employee and creditor claims; and
exit options such as strategic sale, carve-outs or managed liquidation to optimize recoveries.
For promoters and boards wishing to rehabilitate viable businesses, we combine legal strategy with pragmatic financial and operational inputs to construct credible rescue plans that will withstand creditor scrutiny and regulatory checks.
Cross-border insolvency: coordination and recognition
Global business means distress can span jurisdictions. Whether it’s recognition of foreign insolvency proceedings, enforcement of foreign judgments, or coordinating with overseas insolvency practitioners, cross-border matters demand delicate legal navigation. Vox Iuris works in tandem with reputable foreign counsel to:
secure recognition orders and coordinate evidence production;
manage asset tracing and preservation across borders;
handle issues of jurisdiction, comity and conflict of laws; and
negotiate transnational resolution frameworks that maximize recoveries.
Our cross-border practice leverages networks and a practical understanding of international insolvency principles to protect client interests outside India as effectively as within.
Why clients choose Vox Iuris
Clients come to us because they need more than legal paper-work: they need outcomes. Our distinguishing features include:
Practical courtroom experience: we bring hands-on advocacy before NCLT, NCLAT and higher courts and a track record of decisive, well-structured litigation.
Commercial fluency: our solutions balance legal legitimacy with economic feasibility so that negotiated resolutions are acceptable to stakeholders.
Interdisciplinary strength: insolvency problems are rarely only legal; our work integrates tax, regulatory, corporate and commercial considerations.
Client-first confidentiality and ethics: sensitive disputes receive discreet, professionally guarded handling.
Speed and precision: we move fast to secure interim relief and to crystallize options, keeping cost and timing under control.
We assume responsibility for complex processes so that clients can focus on operational continuity and business decisions rather than procedural distractions.
Skilled attorneys and team capability
Our insolvency team combines seasoned litigators, restructuring advisors and forensic analysts. Each matter is led by a senior counsel experienced in high-stakes insolvency work and supported by associates adept at evidence assembly, drafting and procedural strategy. We invest in continuous training so our lawyers are current with judicial trends, regulatory updates and valuation methodologies. The result is a compact, high-impact team that can run parallel tasks — evidentiary preparation, creditor negotiation and court advocacy — without loss of focus.
Research, precedent and thought leadership
Insolvency law evolves rapidly through judicial interpretation and regulatory refinement. Vox Iuris maintains an active program of research and thought leadership: detailed case notes, practice memos, client briefings and seminars that track pivotal decisions and regulatory amendments. We publish analytical pieces that help clients anticipate judicial trends and design compliant, resilient resolution strategies. For institutional clients, we also provide bespoke workshops — explaining practical implications of landmark judgments, valuation models and the latest NCLT/NCLAT jurisprudence.
Practical examples of matters we handle (illustrative)
advising a consortium of lenders on initiating CIRP and coordinating with the interim resolution professional to maximize secured recoveries;
defending a notice-based petition where the company alleged mala fide initiation and successfully obtaining interim relief while negotiating a restructuring;
structuring a cross-border acquisition of stressed assets, drafting complex indemnities and securing court approvals;
representing a resolution applicant in competitive bidding processes and securing approval of a resolution plan with regulatory clearances;
pursuing clawback and avoidance actions against related party transactions to recover diverted assets for the creditor body.
These representative matters highlight our capacity to manage the entire insolvency life-cycle — from prevention to resolution and, where necessary, liquidation.
Engagement and confidentiality
When you engage Vox Iuris for insolvency work, we begin with a focused intake to define immediate priorities and a realistic timetable. We maintain strict confidentiality protocols and a transparent fee framework that aligns incentives and keeps cost predictable. For sensitive matters, we deploy segregated teams and secure document handling practices to protect privileged information.
Conclusion and next steps
Insolvency and bankruptcy law requires a blend of courtroom craft, forensic discipline and commercial judgment. Vox Iuris LLP brings those qualities to every case: a clear plan, a firm grasp of statutory and procedural nuance, and an insistence on outcomes that respect both legal rights and commercial realities. If your organisation faces distress, creditor claims or complex restructuring choices, the right legal partner can make the difference between value preservation and unnecessary loss.
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FAQ’s
The Most Frequently
Questions Of Law
Legal systems can be complex — but we make them clear and structured. Here are answers to common questions our clients ask about our legal consultation, representation, and compliance services.
Insolvency refers to a financial state where an individual or company cannot meet debt obligations, while bankruptcy is the legal process that follows insolvency to resolve or discharge those debts under court supervision.
We represent clients before the National Company Law Tribunal (NCLT) and other forums, providing end-to-end support in restructuring, liquidation, and creditor-debtor negotiations under the Insolvency and Bankruptcy Code (IBC).
Yes. The IBC provides mechanisms for individuals and partnership firms to resolve financial distress through legal restructuring or settlement, ensuring fair treatment for all parties involved.
Insolvency proceedings provide a structured way to resolve financial stress, protect assets, prevent creditor harassment, and offer a legal pathway for business revival or closure under regulated conditions.
The Corporate Insolvency Resolution Process (CIRP) typically takes about 180 to 270 days, depending on the complexity of the case, stakeholder cooperation, and court schedules.
Yes. Our firm represents both operational and financial creditors as well as debtors, ensuring strategic, compliant, and result-driven advocacy on all sides of insolvency and bankruptcy proceedings.
“The team’s professionalism and depth of expertise gave me complete confidence. Their clear advice, timely support, and strategic approach made every step of the process seamless and reassuring.”