The threshold limit for initiating Corporate Insolvency Resolution Process (CIRP) under IBC is 1 crore rupees.
Commercial Bankruptcy & Insolvency
Representation in NCLT proceedings under the Insolvency and Bankruptcy Code (IBC).
Business Law
Representation in NCLT proceedings under the Insolvency and Bankruptcy Code (IBC).
Corporate insolvency and debt default require rapid statutory intervention under the Insolvency and Bankruptcy Code 2016 (IBC) before NCLT to initiate CIRP or defend corporate debtors.
Bail & Trial represents financial creditors, operational creditors, and corporate debtors in NCLT proceedings. We handle Section 7, 8, 9, and 10 IBC applications, Resolution Plan negotiations, and liquidation proceedings.
NCLT & IBC Insolvency Litigation
Corporate insolvency, CIRP, and operational debt recovery.
- Section 7 & 9 IBC Petitions
- Section 8 Statutory Demand Notices
- Resolution Plan & NCLAT Appeals
Our Expertise
Our Expertise in Corporate Insolvency
Navigating National Company Law Tribunal (NCLT) insolvency jurisprudence.
Creditor Recovery Filings
Filing IBC petitions for financial institutions and trade suppliers.
- Section 7 petitions for Financial Creditors
- Section 8 demand notices & Sec 9 petitions for Operational Creditors
- Claims submission to Resolution Professionals (RP)
Corporate Debtor Defense
Defending corporate debtors against malicious or disputed insolvency petitions.
- Proving pre-existing disputes in Section 9 claims
- Challenging threshold default limits (Rs. 1 Crore)
- OTS settlement and Section 12A withdrawal
Dispute Resolution
Navigating IBC Proceedings
Litigation before NCLT and NCLAT in corporate bankruptcy.
Option 01
Section 8 Demand Notice
Mandatory 10-day demand notice prior to filing Section 9 operational insolvency.
Option 02
CIRP Admission Defense
Arguing pre-existing dispute or lack of default to prevent NCLT admission.
Option 03
Section 12A Withdrawal
Withdrawing CIRP after 90% Committee of Creditors (CoC) approval upon settlement.
What We Do
Services for Creditors & Corporate Debtors
Comprehensive legal solutions under the Insolvency and Bankruptcy Code.
Operational Creditor Insolvency
Recovering unpaid trade supply dues via NCLT Section 9.
Financial Creditor CIRP
Filing Section 7 petitions for banks, NBFCs, and real estate homebuyers.
Pre-Packaged Insolvency (PPIRP)
Assisting MSMEs in pre-pack insolvency resolution.
NCLAT & Supreme Court Appeals
Appealing NCLT admission or rejection orders before NCLAT.
Common Matters
Key IBC Principles
Essential legal thresholds under current insolvency law.
Rs. 1 Crore Default Threshold
Minimum default required to initiate CIRP under IBC.
Pre-Existing Dispute (Mobilox Doctrine)
Section 9 petition must be dismissed if a bona fide dispute existed prior to Sec 8 notice.
Moratorium (Section 14)
Automatic stay on all court suits and recovery against the corporate debtor upon CIRP admission.
Our Process
Our NCLT Workflow
How we litigate corporate insolvency cases.
1
Business Model & Risk Review
Deep assessment of operational workflows, transaction exposure, and commercial rights for Commercial Bankruptcy & Insolvency.
2
Contractual & Compliance Diligence
Analyzing regulatory requirements, indemnities, liability ceilings, and intellectual property protections.
3
Drafting & Strategic Structuring
Drafting comprehensive commercial instruments, transaction deeds, and compliance policies.
4
Regulatory Filings & Notifications
Submitting necessary representations, applications, and filings before relevant regulatory boards.
5
Commercial Negotiation & Advocacy
Representing business interests in dispute resolution, deal negotiations, and tribunal forums.
6
Final Closing & Ongoing Shield
Final closing of commercial transactions, decree execution, and long-term legal protection.
Why Choose Us
Why Choose Us for Commercial Bankruptcy
Deep mastery of NCLT and NCLAT insolvency litigation.
High Settlement Leverage
Using IBC notices to compel corporate debtors into full out-of-court settlements.
Pre-Existing Dispute Expertise
High success rate defeating frivolous Section 9 insolvency filings.
Have Questions?
FAQ about Commercial Bankruptcy & Insolvency
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What is the current minimum default amount required to file an IBC petition?
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What is a "Pre-Existing Dispute" under Section 9 IBC?If the corporate debtor raised a bona fide dispute regarding goods quality or invoice prior to receiving the Section 8 demand notice, NCLT cannot admit the Section 9 insolvency petition.
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What happens during an IBC Moratorium under Section 14?Upon CIRP admission, a Section 14 Moratorium kicks in, halting all civil suits, property transfers, and bank execution proceedings against the corporate debtor.
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What is the importance of a dispute resolution clause in commercial contracts?A structured dispute resolution clause specifies whether conflicts will be resolved through negotiation, mediation, arbitration, or specific court jurisdiction, avoiding venue disputes.
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How can businesses protect their confidential trade secrets under Indian law?Trade secrets are protected through enforceable Non-Disclosure Agreements (NDAs), restrictive covenants in service contracts, and civil breach of confidence lawsuits.
Book a Consultation
Book a Consultation
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Book an Appointment
Schedule your initial legal consultation with our team.