INSOLVENCY TIMELINE GUIDE

CORPORATE INSOLVENCYTIMELINE FLOWCHART

Advocate Iranpreet Singh
December 18, 2024
22 min read

Easy-to-understand timeline and flowchart of the corporate insolvency process from NCLT admission to resolution. A step-by-step visual guide with timelines, key milestones, and practical insights designed for business owners, creditors, and stakeholders to understand the CIRP journey.

Corporate Insolvency Timeline Overview

The Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code follows a structured timeline designed to resolve corporate financial distress efficiently. This guide breaks down the complex process into simple, understandable phases.

Key Timeline Facts

Total Duration

  • Standard Timeline: 180 days
  • With Extension: Up to 270 days
  • Maximum Limit: 330 days (including litigation)
  • Fast Track: 90 days (for smaller companies)

Success Outcomes

  • Resolution: Company saved through restructuring
  • Acquisition: New investor takes over
  • Merger: Combined with another company
  • Liquidation: Assets sold, company closed

Simple Timeline Overview

1

Filing & Admission (0-14 days)

Creditor files petition, NCLT reviews and admits case

2

Moratorium & Setup (14-30 days)

Legal protection starts, Resolution Professional appointed

3

Resolution Process (30-180 days)

Finding buyers, negotiating deals, creditor voting

4

Implementation (180+ days)

Executing approved plan or proceeding to liquidation

What This Means for You

Understanding this timeline helps you prepare for what's coming and make informed decisions:

For Business Owners

Know when you lose control and when you might get it back

For Creditors

Understand when you can expect recovery or decisions

For Employees

Know your job security and when changes might happen

Complete Visual Flowchart

This comprehensive flowchart shows the entire journey of a corporate insolvency case, from the initial filing to final resolution, with all possible outcomes and decision points.

Interactive Timeline Flowchart

🚨 FINANCIAL CRISIS

Company cannot pay debts (₹1 crore+)

PHASE 1: PETITION FILING

Days 0-14

Creditor Files

Section 7 or 9 petition to NCLT

NCLT Reviews

Checks documents and eligibility

Admission/Rejection

NCLT decides to admit or reject

⚖️ DECISION POINT

Is petition admitted?

❌ REJECTED

  • • Case dismissed
  • • Company continues operations
  • • Creditor may appeal or file fresh petition
  • • Alternative recovery methods needed

✅ ADMITTED

  • • CIRP begins immediately
  • • Moratorium declared
  • • Management loses control
  • • Resolution Professional appointed

PHASE 2: MORATORIUM PERIOD

Days 14-30

🛡️ Legal Protection
  • • No new lawsuits allowed
  • • Existing cases suspended
  • • Assets cannot be seized
  • • No loan recoveries
👨‍💼 New Management
  • • Resolution Professional takes control
  • • Board of Directors suspended
  • • Day-to-day operations continue
  • • Employee jobs protected

PHASE 3: RESOLUTION PROCESS

Days 30-180 (extendable to 270)

📊 Asset Evaluation

Company assets valued and listed

🏢 Find Buyers

Invite bids from potential investors

🗳️ Creditor Voting

Creditors vote on resolution plans

Key Activities During This Phase:
  • • Committee of Creditors formed
  • • Information memorandum prepared
  • • Expression of interest invited
  • • Due diligence by potential buyers
  • • Resolution plans submitted
  • • Plans evaluated and compared
  • • Creditor meetings and voting
  • • NCLT approval sought

Phase 1: Petition Filing and Admission (Days 0-14)

The insolvency process begins when a creditor files a petition with NCLT. This phase determines whether the case will proceed to full insolvency proceedings or be dismissed.

Step-by-Step Process

Day 0: Petition Filed

  • Who Can File: Financial creditors, operational creditors, or the company itself
  • Minimum Amount: Default must be ₹1 crore or more
  • Required Documents: Proof of debt, default evidence, company details
  • Filing Fee: Varies based on company size and debt amount
  • What Happens: NCLT registry accepts the petition for initial review

Days 1-7: Initial Review

  • Document Check: NCLT verifies all required documents are submitted
  • Deficiency Notice: If documents missing, creditor gets time to cure defects
  • Company Notice: Company is informed about the petition
  • Public Notice: Notice published in newspapers
  • Hearing Date: NCLT schedules hearing date

Days 7-14: Hearing and Decision

  • Company Response: Company can file reply opposing the petition
  • Arguments: Both sides present their case to NCLT
  • NCLT Decision: Tribunal decides to admit or reject the petition
  • If Admitted: CIRP begins immediately with moratorium
  • If Rejected: Case dismissed, company continues normal operations

What This Means for Different Stakeholders

For Company Owners
  • • Last chance to negotiate with creditors
  • • Prepare defense if petition is wrong
  • • Gather financial documents
  • • Consider voluntary settlement
For Employees
  • • Jobs are still secure during this phase
  • • Company operations continue normally
  • • Start preparing for potential changes
  • • Understand your rights under IBC
For Other Creditors
  • • Monitor the proceedings closely
  • • Prepare your claims documentation
  • • Consider joining the petition
  • • Evaluate recovery prospects

Phase 2: Moratorium and Setup (Days 14-30)

Once NCLT admits the petition, a moratorium (legal protection) begins immediately. This phase focuses on stabilizing the company and setting up the resolution framework.

Immediate Changes After Admission

🛡️ Moratorium Protection

  • No New Lawsuits: Creditors cannot file new cases against the company
  • Existing Cases Suspended: All pending court cases are put on hold
  • Asset Protection: Company assets cannot be seized or sold
  • No Recoveries: Banks cannot recover loans through normal processes
  • Contract Protection: Essential contracts cannot be terminated

👨‍💼 Management Changes

  • Board Suspended: Company directors lose decision-making power
  • Resolution Professional: Independent professional takes control
  • Operations Continue: Business continues under new management
  • Employee Protection: Jobs and salaries are protected
  • Key Decisions: Only Resolution Professional can make major decisions

Key Activities in This Phase

Resolution Professional Tasks

  • • Take control of company operations
  • • Secure all company assets and records
  • • Identify and verify all creditors
  • • Prepare preliminary asset inventory
  • • Ensure business continuity
  • • Set up communication with stakeholders

Stakeholder Actions

  • • Creditors submit their claims
  • • Employees continue normal work
  • • Suppliers assess contract status
  • • Customers monitor service continuity
  • • Investors evaluate opportunities
  • • Legal teams prepare documentation

What Changes and What Doesn't

✅ What Continues
  • • Daily business operations
  • • Employee salaries and benefits
  • • Essential supplier contracts
  • • Customer service and deliveries
  • • Utility services and rent
  • • Regulatory compliance
❌ What Stops
  • • Board of directors' powers
  • • New borrowings or investments
  • • Asset sales without approval
  • • Loan repayments to creditors
  • • Dividend payments
  • • Major contract changes

Phase 3: Resolution Process (Days 30-180/270)

This is the main phase where the Resolution Professional works to find a buyer or restructuring plan to save the company. It's like putting the company up for sale to find the best offer that can pay creditors and keep the business running.

The Resolution Journey

📊 Step 1: Company Evaluation (Days 30-60)

  • Asset Valuation: Professional valuers assess all company assets
  • Financial Analysis: Detailed review of company's financial position
  • Business Assessment: Evaluation of business model and market position
  • Legal Review: Check all contracts, licenses, and legal issues
  • Information Memorandum: Comprehensive document prepared for potential buyers

🏢 Step 2: Finding Buyers (Days 60-120)

  • Public Advertisement: Invitation for Expression of Interest published
  • Interested Parties: Companies, investors, and individuals can express interest
  • Due Diligence: Serious buyers get access to detailed company information
  • Site Visits: Potential buyers visit company premises and operations
  • Preliminary Offers: Initial offers and terms discussed

📋 Step 3: Resolution Plans (Days 120-150)

  • Formal Proposals: Interested buyers submit detailed resolution plans
  • Payment Terms: How much they'll pay creditors and when
  • Business Plans: How they'll run the company going forward
  • Employee Protection: Plans for retaining jobs and benefits
  • Implementation Timeline: Step-by-step execution plan

🗳️ Step 4: Creditor Voting (Days 150-180)

  • Plan Evaluation: Committee of Creditors reviews all proposals
  • Comparison: Plans compared on payment amount, timeline, and feasibility
  • Voting Process: Creditors vote on the best plan (66% majority needed)
  • Plan Selection: Winning plan selected for NCLT approval
  • NCLT Approval: Tribunal reviews and approves the selected plan

Committee of Creditors (CoC)

The Committee of Creditors is like a board of directors made up of the company's major creditors. They make the key decisions during the resolution process.

Who's in the Committee

  • Financial Creditors: Banks, NBFCs (main voting members)
  • Operational Creditors: Suppliers (1 representative if total dues > ₹1 crore)
  • Employees: 1 representative if total dues > ₹1 crore
  • Voting Power: Based on the amount of money owed

What They Decide

  • Resolution Plans: Which plan to accept or reject
  • Timeline Extensions: Whether to extend the 180-day deadline
  • Asset Sales: Approval for selling company assets
  • Liquidation: Whether to close the company if no good plan

Possible Outcomes at End of This Phase

✅ Resolution Plan Approved

Company saved, new owner takes over, creditors get paid

⏰ Extension Granted

More time given to find better offers (up to 90 more days)

❌ No Viable Plan

Company goes to liquidation (closure and asset sale)

Phase 4: Implementation (Days 180+)

Once a resolution plan is approved, it's time to implement it. This means the new owner takes control and starts executing their plan to revive the company and pay creditors.

Implementation Process

🔄 Ownership Transfer

  • Legal Transfer: Company ownership legally transferred to new owner
  • Management Change: New management team takes control
  • Asset Transfer: All company assets transferred as per plan
  • License Transfer: Business licenses and permits transferred
  • Employee Transition: Employees informed about new management

💰 Creditor Payments

  • Payment Schedule: Creditors paid according to approved timeline
  • Priority Order: Employees and operational creditors paid first
  • Financial Creditors: Banks and financial institutions paid as per plan
  • Monitoring: Resolution Professional monitors payment compliance
  • Completion: Once payments made, CIRP officially ends

🏢 Business Revival

  • Operations Restart: Full business operations resume under new management
  • Investment: New owner invests money as promised in the plan
  • Job Security: Employee jobs secured as per resolution plan
  • Growth Plans: New business strategies implemented
  • Market Return: Company returns to normal market operations

Success Stories: What Good Implementation Looks Like

For the Company
  • • Business operations stabilize and improve
  • • New investments boost growth
  • • Market confidence returns
  • • Company becomes profitable again
  • • Future expansion opportunities
For Stakeholders
  • • Creditors recover significant portion of dues
  • • Employees keep their jobs with better prospects
  • • Suppliers get new business opportunities
  • • Customers get continued service
  • • Economy benefits from saved business

Alternative Path: Liquidation

If no viable resolution plan is found or approved, the company goes into liquidation. This means the company is closed down and its assets are sold to pay creditors. Think of it as closing a shop and selling everything to pay the debts.

When Does Liquidation Happen?

🚫 Triggers for Liquidation

  • No Resolution Plans: No one wants to buy or invest in the company
  • Plans Rejected: Creditors reject all submitted resolution plans
  • Time Expired: 270-day deadline passes without approval
  • Plan Failure: Approved plan fails during implementation
  • Creditor Decision: Creditors vote to liquidate instead of continuing

⚖️ NCLT Order

  • Liquidation Order: NCLT passes order to liquidate the company
  • Liquidator Appointment: Professional liquidator appointed to handle process
  • Asset Custody: All company assets come under liquidator's control
  • Employee Termination: All employees are terminated (with due compensation)
  • Business Closure: All business operations cease immediately

Liquidation Process

📋 Step 1: Asset Inventory and Valuation

  • • Complete list of all company assets prepared
  • • Professional valuation of all assets
  • • Identification of secured and unsecured assets
  • • Recovery of assets from third parties

🏷️ Step 2: Asset Sale

  • • Public auction or private sale of assets
  • • Sale of land, buildings, machinery, inventory
  • • Recovery of money from debtors
  • • Sale of intellectual property and licenses

💰 Step 3: Distribution of Money

Money from asset sales is distributed in this order:

  1. Liquidation costs and fees
  2. Employee wages and benefits (last 24 months)
  3. Secured creditors (banks with collateral)
  4. Employees (remaining dues)
  5. Unsecured creditors (suppliers, other lenders)
  6. Government dues (taxes, penalties)
  7. Shareholders (usually nothing left)

Impact of Liquidation

❌ Negative Impacts
  • • All jobs are lost permanently
  • • Company ceases to exist
  • • Creditors usually recover less money
  • • Economic value is destroyed
  • • Suppliers lose a customer
  • • Community loses employment
✅ Some Benefits
  • • Creditors get some money back
  • • Assets go to more productive uses
  • • Employees get termination benefits
  • • Market resources are freed up
  • • Closure provides certainty
  • • Prevents further losses

Practical Insights and Key Takeaways

Understanding the corporate insolvency timeline helps all stakeholders make better decisions and prepare for what's coming. Here are the key insights from real cases.

Success Factors

What Makes Cases Successful

  • Valuable Assets: Company has good assets that buyers want
  • Viable Business: Core business model is sound
  • Market Demand: Products/services still have market demand
  • Skilled Workforce: Employees with valuable skills
  • Good Location: Strategic location or infrastructure
  • Quick Action: Early filing before too much damage

What Leads to Liquidation

  • Obsolete Business: Outdated products or technology
  • Poor Assets: Assets with little market value
  • High Debt: Debt much higher than asset value
  • Legal Issues: Major legal or regulatory problems
  • Market Decline: Industry in permanent decline
  • Late Filing: Too much damage done before filing

Timeline Reality Check

📊 Actual vs. Planned Timelines

Admission

Planned: 14 days

Reality: 30-60 days

Resolution

Planned: 180 days

Reality: 270-330 days

Implementation

Planned: 30 days

Reality: 90-180 days

🎯 Success Rates

Resolution Success

45%

Cases end with successful resolution

Liquidation

35%

Cases end in liquidation

Ongoing

20%

Cases still in process

Key Advice for Stakeholders

For Business Owners
  • • File early before situation worsens
  • • Maintain good records and documentation
  • • Cooperate fully with Resolution Professional
  • • Consider voluntary filing if distressed
  • • Seek professional advice early
For Employees
  • • Understand your rights under IBC
  • • Keep records of salary and benefits
  • • Participate in creditor meetings
  • • Look for alternative employment
  • • Stay informed about case progress
For Creditors
  • • File claims promptly and accurately
  • • Participate actively in CoC meetings
  • • Evaluate resolution plans carefully
  • • Consider recovery vs. liquidation
  • • Monitor implementation closely

Understanding the Journey

The corporate insolvency timeline under IBC is designed to give companies a second chance while protecting creditor interests. While the process can seem complex, understanding each phase helps stakeholders make informed decisions and maximize positive outcomes.

Success depends on early action, stakeholder cooperation, and finding the right balance between saving viable businesses and efficiently closing unviable ones. The timeline provides structure, but flexibility within that structure often determines success.

Whether you're a business owner, employee, creditor, or potential investor, knowing this timeline helps you prepare for what's ahead and make the best decisions for your situation.

Need Expert Guidance on Corporate Insolvency?

Navigating corporate insolvency requires expert legal guidance at every stage. Our experienced team provides comprehensive support for all stakeholders throughout the CIRP timeline, from initial filing to successful resolution or liquidation.