Guarantor asset transfer during insolvency resolution requires creditor approval and adjusts sale proceeds against guarantor debt. Insertion of section 28A permits transfer of an asset of a personal guarantor or corporate guarantor, after enforcement of security interest, during the corporate insolvency resolution process of the corporate debtor with prior approval of the committee of creditors and specified conditions. Separate approval thresholds apply where the corporate guarantor or personal guarantor is undergoing its own insolvency resolution, liquidation, or bankruptcy process, and the transfer proceeds form part of the relevant process. The transferee acquires all rights in the asset under a resolution plan, and the realised amount is adjusted against the guarantor's debt after costs, with any surplus paid to the guarantor.
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Provisions expressly mentioned in the judgment/order text.
Guarantor asset transfer during insolvency resolution requires creditor approval and adjusts sale proceeds against guarantor debt.
Insertion of section 28A permits transfer of an asset of a personal guarantor or corporate guarantor, after enforcement of security interest, during the corporate insolvency resolution process of the corporate debtor with prior approval of the committee of creditors and specified conditions. Separate approval thresholds apply where the corporate guarantor or personal guarantor is undergoing its own insolvency resolution, liquidation, or bankruptcy process, and the transfer proceeds form part of the relevant process. The transferee acquires all rights in the asset under a resolution plan, and the realised amount is adjusted against the guarantor's debt after costs, with any surplus paid to the guarantor.
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