Transfer of guarantor assets during insolvency requires creditor approval and routes sale proceeds into the relevant resolution process. Transfer of assets of a personal guarantor or corporate guarantor of a corporate debtor may be permitted during the corporate insolvency resolution process where a creditor has already taken possession by enforcing a security interest under an applicable law empowering transfer. The transfer requires prior approval of the committee of creditors and, in specified cases, approval thresholds of sixty-six per cent of voting share or more than three-fourths in value of creditors. Transfer proceeds form part of the relevant insolvency resolution, bankruptcy process, or liquidation estate.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Transfer of guarantor assets during insolvency requires creditor approval and routes sale proceeds into the relevant resolution process.
Transfer of assets of a personal guarantor or corporate guarantor of a corporate debtor may be permitted during the corporate insolvency resolution process where a creditor has already taken possession by enforcing a security interest under an applicable law empowering transfer. The transfer requires prior approval of the committee of creditors and, in specified cases, approval thresholds of sixty-six per cent of voting share or more than three-fourths in value of creditors. Transfer proceeds form part of the relevant insolvency resolution, bankruptcy process, or liquidation estate.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.