Preparation & Implementation of Resolution Plan
Submitting a resolution plan under the Insolvency and Bankruptcy Code requires more than a competitive price; it requires a plan that is commercially sound, compliant with the applicable regulations, and capable of being implemented within the timelines the process demands. Resolution applicants need support in structuring the plan, arranging financing, and drafting the documentation, while approved applicants then need practical assistance in executing the plan once it receives approval. This work matters to resolution applicants, their financing partners, and ultimately to the committee of creditors evaluating the plan's credibility.
Why This Matters
A resolution plan is judged not only on the value it offers creditors but on its feasibility and viability, and plans that are poorly structured, inadequately financed, or vague on implementation steps face a higher risk of rejection or of running into difficulty after approval. Once a plan is approved, the approved resolution applicant is bound by its terms, and gaps between what was proposed and what is practically achievable can create friction with the monitoring committee, creditors, and regulators. Careful preparation upfront, matched with disciplined implementation afterward, is what allows a resolution plan to actually deliver the turnaround it promises.
How We Help
Plan Structuring and Financial Modelling
We assist resolution applicants in structuring the commercial terms of the plan, including the treatment of different classes of creditors, the payment schedule, and the equity and debt financing mix, building a financial model that demonstrates the plan's viability under realistic assumptions.
Plan Drafting and Regulatory Compliance
We support the drafting of the resolution plan document itself, ensuring it addresses the mandatory contents prescribed under the applicable regulations, incorporates the tax and compliance positions identified during diligence, and presents the plan in a manner that gives the committee of creditors and the adjudicating authority confidence in its feasibility.
Financing and Funding Arrangement
We help resolution applicants evaluate and arrange the funding required to implement the plan, working through the interplay between promoter or investor equity, fresh debt, and any deferred consideration structures, so that the financing underpinning the plan is credible and deliverable.
Post-Approval Implementation Support
Once a plan is approved, we assist the resolution applicant in executing the steps required to give effect to it, including completing the acquisition, fulfilling conditions precedent, engaging with the monitoring committee, and aligning the corporate debtor's financial, tax, and compliance position with the approved plan.
Who Needs This
- Resolution applicants preparing a bid for submission to the committee of creditors
- Investors and lenders financing a resolution applicant's plan
- Approved resolution applicants moving from plan approval to implementation
- Resolution professionals coordinating the process on behalf of the corporate debtor
Our Approach
We work with resolution applicants from the earliest stages of plan formulation through to closing, ensuring that the commercial, tax, and legal dimensions of the plan are aligned rather than addressed in isolation. Our involvement continues past approval, since a plan is only as good as its implementation, and we focus on translating the commitments made in the plan into concrete, sequenced actions that the approved applicant can execute with confidence.
Get in Touch
To discuss how we can support you with preparation and implementation of resolution plan, write to us at info@agarwalurs.com.
Get In Touch