IBC and NCLT paperwork for creditors
For suppliers and lenders with unpaid dues from a company, and for MSME companies looking at a pre-packaged insolvency: the documents, the checks and the order they come in.
Subsidy Setu is a private platform, not a government website. We are not a government body and are not affiliated with, endorsed by or acting for any government department, scheme authority or bank. Applications are made on the official portals or with the lender you choose.
What we prepare, step by step
Dispute screening before any section 9 filing
Before anything is filed, we go through your invoices, correspondence and the buyer’s replies to see whether the debt is undisputed and whether any part of it has been paid. This matters more now: the IBC (Amendment) Act 2026 is reported to add a penalty (section 67C) for an operational creditor who hides an existing dispute or a payment.
- Invoices, purchase orders, delivery proof and the account statement with the buyer
- Any email, letter or notice in which the buyer raised a dispute about quality, quantity or the amount
- Payments received, part-payments and credit notes
- Whether default information must first be filed with an information utility (a reported change under the 2026 amendment)
Demand notice under section 8
For a supplier (an operational creditor) with unpaid dues from a company, we prepare the demand notice in Form 3 or Form 4, with the supporting papers. It is issued by you or by the person you authorise.
- Particulars of the debt and the date of default
- Copies of the unpaid invoices and supporting documents
- Your authorisation of the person who signs it
Claims in an ongoing insolvency (Forms B and C)
If your buyer or borrower is already under a corporate insolvency resolution process, your claim is filed with the interim resolution professional or the resolution professional named in the public announcement. We prepare it in the right form with the proof of debt.
- Form B for operational creditors such as suppliers (regulation 7, CIRP Regulations 2016)
- Form C for financial creditors such as lenders (regulation 8)
- Proof of the amount claimed, with invoices, ledgers or loan papers
Section 9 application drafting
Where the dues stay unpaid after the demand notice and there is no dispute, we draft the application under section 9 (Form 5) and put together the annexures. The application is signed by you or your authorised person.
- Copy of the demand notice and proof of delivery
- The buyer’s reply to the notice, if any
- The invoices, ledger and other papers that prove the debt and the default
MSME pre-packaged insolvency (section 54A) readiness
For an MSME company in financial difficulty, the pre-packaged insolvency process lets the company propose a base resolution plan with its financial creditors’ approval. We check eligibility and help prepare the papers for the insolvency professional who would run the process.
- The corporate debtor is an MSME
- A default of at least ₹10 lakh (notification S.O. 1543(E), 9 April 2021)
- Approval by unrelated financial creditors holding at least 66% of the financial debt
- No pre-packaged process or corporate insolvency process in the last three years
- A base resolution plan prepared with the promoters
Checked on 12 October 2026. Which parts of the IBC (Amendment) Act 2026 are in force is confirmed for each case before anything is filed.
NCLT hearings
Hearings before the National Company Law Tribunal (NCLT): if you ask, we can introduce you to an independent advocate of your choice. You engage the advocate and agree the fees with them directly; we take no fee from them or for the introduction. How introductions to advocates work
A simpler route for small, delayed payments
For delayed payments owed to a micro or small supplier, a case before the MSE Facilitation Council under sections 15 to 18 of the MSMED Act, filed through MSME Samadhaan, can be a simpler route than the IBC. We can help you prepare it.
Source: MSME Samadhaan portal
What we do not do
- We describe and prepare the process; the NCLT decides whether an application is admitted and what follows.
- We do not act as interim resolution professional, resolution professional or liquidator, and we do not name or recommend one.
- Subsidy Setu is not a law firm and does not appear before courts or tribunals.
Frequently asked questions
What is the difference between Form B and Form C?
In an ongoing corporate insolvency resolution process, operational creditors such as suppliers file their claim in Form B (regulation 7 of the CIRP Regulations 2016), and financial creditors such as lenders file in Form C (regulation 8). The claim goes to the interim resolution professional or resolution professional.
Who can use the MSME pre-packaged insolvency process?
An MSME company with a default of at least ₹10 lakh (S.O. 1543(E), 9 April 2021), where unrelated financial creditors holding at least 66% of the financial debt approve, and which has not been through a pre-packaged or corporate insolvency process in the last three years.
Why check for disputes before filing under section 9?
A section 9 application is for an undisputed operational debt. The IBC (Amendment) Act 2026 is also reported to add a penalty, under a new section 67C, for an operational creditor who hides a dispute or a payment. So we check the correspondence and payments first.
Unpaid by a company customer?
Share the invoices and correspondence with us. We will go through them and explain the next step.