Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

Initiation of CIRP against Guarantor of the Corporate Debtor to ...


Bank Clarifies No CIRP Actions Against Personal Guarantor, No Grounds for Self-Initiated Insolvency Process.

January 7, 2023

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP against Guarantor of the Corporate Debtor to make payment - the case taken up by the Bank being categorical and clear that no steps have been taken by the Bank against the Appellant, there is no cause for the Appellant to pray for initiation of CIRP against the Appellant – the Personal Guarantor. - AT

View Source

 


 

You may also like:

  1. From perusal of Section 96(1)(b) of IBC, 2016, interim moratorium restrains ongoing or fresh legal action or proceeding regarding debt pertaining to personal guarantor,...

  2. The court examined whether the application filed by the State Bank of India against the personal guarantor u/s 95 was barred by limitation. It was held that even if no...

  3. Initiation of CIRP - It is clear that Respondent ‘Eastern Embroidery Collections Private Limited’ was the Corporate Guarantor of the Principal Borrower ‘Eastern...

  4. CIRP - personal Guarantor to Corporate Debtor - Australian National - lack of any Agreement of Guarantee - invalidity of any such Guarantee, even if issued - the...

  5. Initiation of CIRP - Personal Guarantors to Corporate Debtors - an irrevocable Deed of Guarantee has been signed between the SBI led Consortium and the Personal...

  6. The Tribunal admitted an application under Section 94(1) of IBC against a Personal Guarantor despite no ongoing CIRP or liquidation against the Corporate Debtor. The...

  7. The interim moratorium u/s 96 of the Insolvency and Bankruptcy Code (IBC) applies only to the specific debt for which Section 95 proceedings have been initiated against...

  8. Withdrawal of the CIRP against the Principal Borrower - bar for the Respondent/Lender in initiating fresh CIRP against the Guarantor or not - , this Tribunal holds that...

  9. Maintainability of petition seeking initiation of CIRP against Personal Guarantor/Respondent - invocation of Bank guarantee and time limitation - The case involved an...

  10. The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping...

  11. Provision of IBC are overriding the provisions of SARFAESI or not - Recovery from the Personal Guarantor of a corporate debtor - The securitisation proceedings against...

  12. Maintainability of application - initiation of CIRP - As such invocation of res judicata seems only an ignorance of the provisions of law. Insolvency proceedings can be...

  13. Suspension of initiation of CIRP - On the basic principle of statutory interpretation, the provision of Section 10A is capable of only one meaning that is suspension of...

  14. CIRP - Personal Guarantor - The statutory scheme of the code does not contain any indication that the Personal Guarantor of a Corporate Debtor can escape from its...

  15. CIRP - Admissibility of Section 95 Applications against Personal Guarantors - discharge the liabilities of Personal Guarantors on approval of Resolution Plan - The...

 

Quick Updates:Latest Updates