Find a Lawyer · NCLT & Insolvency
Questions to Ask Before Hiring a NCLT And Insolvency (Homebuyers And Creditors) Lawyer
Before you hand an NCLT and insolvency matter to any lawyer, a short list of sharp questions will tell you a lot. For a homebuyer chasing a stalled flat or a creditor trying to recover a debt under the IBC, the right questions reveal whether the advocate really knows the tribunal, has a clear plan, and is honest about your odds. This guide gives the exact questions to ask, what good answers sound like, and how to verify the lawyer before you commit.
- Experience: how often do you appear before the NCLT, and have you handled matters for my side?
- Strategy: is insolvency the best route, and should I file as an operational creditor or financial creditor?
- Fees: fixed, per hearing or per stage, what is included, and what tribunal fees are separate?
- Odds: what are my realistic chances; be wary of any promise of guaranteed recovery.
- Free help: NALSA, SLSA and DLSA under the Legal Services Authorities Act, 1987.
- Verify: Bar Council enrolment under the Advocates Act, 1961.
01Why the right questions matter
NCLT and insolvency work under the IBC is specialised and time bound. A lawyer who rarely appears before the tribunal can file a weak company petition that gets rejected, costing you time you cannot get back. The questions below help you tell a genuine insolvency practitioner from a generalist, and an honest one from someone who oversells.
The best question you can ask an insolvency lawyer is a simple one: what are my realistic chances, and why?
02Questions about experience
- How often do you appear before the NCLT, and at which bench?
- Have you handled matters for my side, as an operational creditor, a financial creditor, or a homebuyer claim?
- Have you dealt with a company petition similar to mine before?
- Do you work with resolution professionals and understand the committee of creditors process?
Good answers are specific. A real insolvency practitioner can describe the kind of matters handled without naming confidential details.
03Questions about strategy
- Is the NCLT and insolvency route the best one for me, or would a consumer complaint or civil suit serve better?
- Should I file as an operational creditor or a financial creditor, and why?
- What needs to happen before we file a company petition, such as a demand notice?
- What are the possible outcomes, from admission and resolution to liquidation?
An honest lawyer will sometimes tell you that insolvency is not your best option. That honesty is a good sign, not a weakness.
04Questions about fees
There is no single government fixed fee for an NCLT and insolvency lawyer, so ask clearly.
- What is your fee, and is it a fixed amount, per hearing, or per stage?
- What exactly is included, and what is extra?
- What are the tribunal and filing fees, which are separate from your fee?
- How are costs handled if the matter goes to liquidation?
Insolvency matters usually cost more than simple drafting because of ongoing tribunal appearances. Treat any figure as a typical range that varies by city, seniority and complexity, and get the fee basis in writing. If you cannot afford a private lawyer, free legal aid under the Legal Services Authorities Act, 1987 (Sections 12 and 13) is available through NALSA and the State and District Legal Services Authorities for those who qualify; check at nalsa.gov.in.
05Questions about timeline and odds
- How long is my matter likely to take, from filing the company petition to a possible resolution?
- What are my realistic chances of recovery, and what could reduce them?
- What happens if the company goes into liquidation?
- How will you keep me updated on hearings?
Recovery through the IBC is never guaranteed, so be wary of any lawyer who promises a sure outcome. For a fuller view of timelines, see how long an NCLT and insolvency case takes in India.
06How to verify the advocate
Being listed or even verified on a platform is not the same as being entitled to practise. What counts is enrolment with a State Bar Council under the Advocates Act, 1961 (Section 22 covers the certificate of enrolment). Ask for the enrolment number and State Bar Council and confirm it. You can check NCLT and IBC information at nclt.gov.in and ibbi.gov.in. If money is tight, see free legal help for NCLT and insolvency in India.
07How Claw helps you find the right lawyer
Asking good questions only helps if you are talking to the right kind of advocate in the first place. Claw helps you reach one who actually does NCLT and insolvency work.
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For finding a lawyer, Claw connects you with a verified, independent advocate who handles NCLT and insolvency matters, in your state or city where possible. You describe the matter in a short guided chat, whether you are an operational creditor, a financial creditor or a homebuyer with a claim, and Claw matches you end to end: understand the problem, identify the right kind of advocate, confirm enrolment with a State Bar Council, and arrange an online or in-person consultation where you can ask the questions above. A basic request is free, or choose Rs 99 priority for faster matching.
Claw does not hire, employ or empanel lawyers and is not a law firm. The advocate is independent, and the advocate's professional fee is paid directly to that advocate and is not shared with Claw, in line with Bar Council of India Rule 36. Claw helps you find and reach the right advocate; it is not your advocate and does not give legal advice. Start at Claw Find a Lawyer.
08Frequently asked questions
What is the single most important question to ask an insolvency lawyer?
Ask what your realistic chances of recovery are and why. Recovery through the IBC is never guaranteed. A lawyer who gives an honest, reasoned answer, rather than a promise of success, is usually the one to trust with your NCLT and insolvency matter.
How do I know if a lawyer really practises before the NCLT?
Ask how often they appear before the tribunal and at which bench, and whether they have handled a company petition like yours as an operational creditor, a financial creditor or a homebuyer claim. Specific, confident answers signal genuine NCLT and insolvency experience.
Should I ask about fees up front?
Yes, always. There is no fixed national fee for an NCLT and insolvency lawyer. Ask whether the fee is fixed, per hearing or per stage, what is included, and what tribunal and filing fees are separate. Get the basis in writing so there are no surprises later.
Is it a bad sign if a lawyer says insolvency is not my best option?
No, it is often a good sign. Sometimes a consumer complaint or a civil suit serves a homebuyer or creditor better than an IBC company petition. A lawyer who says so honestly is putting your interest first, not just taking the matter.
What if I cannot afford an NCLT and insolvency lawyer?
Free legal aid under the Legal Services Authorities Act, 1987 is available through NALSA and the State and District Legal Services Authorities for those who qualify, such as low income applicants. Apply at your District Legal Services Authority or through nalsa.gov.in.