Restructuring & Insolvency

DSK Legal’s Restructuring & Insolvency team has earned the respect of the industry for its decisive and strategic solutions to troubled companies – solutions that have delivered positive results for businesses. We have a reputation of getting to the heart of the most complex issues, focusing on strategy, structuring and minimising execution risk.

Our dedicated team of lawyers have significant experience in restructuring, having had the opportunity to work on many challenging transactions in India. Our early cautionary advice has helped maximize results for various creditors and shareholders and has in the process established DSK Legal as a trustworthy partner to its clients. Our detailed and comprehensive solutions addressing a wide range of issues that are faced during restructuring by under-performing or distressed companies in the private and public sector.

We leverage our capabilities in our dispute resolution, finance and corporate practices to deliver comprehensive and seamless legal services to our clients. We are recognized by our clients for being thorough in our approach to investigations and pragmatic in our strategy towards litigation and asset recovery. Our advice includes not only formal restructuring under statutes and regulations but also informal restructuring driven by lenders. Our clients include investors, lenders, banks as well as corporate directors and trustees.

Our Restructuring & Insolvency practice includes:

  • Formal Restructuring
    • Advice and assistance in implementing restructuring through the formal court or tribunal process, including the formulation of strategies in line with the prevalent legal, regulatory and policy framework, preparation of schemes, and legal representation in courts and tribunals.
    • Advice on the Insolvency and Bankruptcy Code, 2016 including the restructuring and insolvency process contemplated therein.
    • Advice in structuring and the legal and regulatory options and potential benefits of restructuring.
    • Advice and assistance in drafting, negotiating and finalizing relevant transaction documents, including applications, petitions and resolutions.
  • Informal Restructuring
    • Advice on informal restructuring driven by lenders under the regulatory framework of the Reserve Bank of India, including Corporate Debt Restructuring (CDR), Joint Lenders Forum (JLF), Strategic Debt Restructuring (SDR), Scheme for Sustainable Structuring of Assets (S4A) etc.
    • Drafting, negotiating and finalizing restructuring plans and transaction documents, including Master Restructuring Agreements, Debtor Creditor Agreements and Inter-Creditor Agreements.
  • Exit Strategy
    • Advice and assistance in structuring and implementing an exit strategy for investors from stressed assets, including under a strategic sale, demerger, slump sale and auction.
    • Structuring a divestment and exit strategy.
    • Drafting, negotiating and finalizing relevant transaction documents.
  • Advice to Directors and Key Managerial Personnel
    • Advice and assistance to directors and key managerial personnel on their liabilities and obligations arising out of a restructuring and formal and informal insolvency processes.
  • Enforcement of Security
    • Advice and assistance in enforcing and implementing security mechanisms available to lenders under the legal, regulatory and policy framework, including the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Insolvency and Bankruptcy Code, 2016.
    • Strategy and advice on various modes of security enforcement, including enforcement action(s) as per the requirements of the client.
  • Liquidation
    • Advice and assistance in the liquidation process available to debtors under the legal, regulatory and policy framework, including the Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016.
  • Dispute Resolution
    • Representing clients before various courts, tribunals and judicial and quasi-judicial authorities.
    • Advice and assistance in formulating and structuring strategies for litigation and dispute resolution.
    • Advice and assistance in strategizing, drafting, negotiating and finalizing documents for litigations and dispute resolutions, including applications, petitions, settlements and compromises.

DSK Legal also provides legal advice on issues relating to Banking & Finance, Corporate & Commercial, Employment, Infrastructure & Project Finance, Litigation & Arbitration, Media & Entertainment, Real Estate, Shipping, Tax and Transaction Support.