Personal guarantor insolvency process: Resolution Professional must file a Section 99 report or petitions risk procedural dismissal.
The Resolution Professional must examine applications under Sections 94/95 within ten days of appointment, may request further information (to be furnished within seven days), and must submit a report under Section 99 recommending acceptance or rejection; the Adjudicating Authority then has fourteen days from that report to admit or reject the application. Applicants must serve a copy of their petition on the RP to enable the RP's examination and report; failure to serve the RP can prevent timely reporting, extend the interim moratorium unduly, and may justify procedural dismissal under the Adjudicating Authority's powers. (AI Summary)
The Resolution Professional must examine applications under Sections 94/95 within ten days of appointment, may request further information (to be furnished within seven days), and must submit a report under Section 99 recommending acceptance or rejection; the Adjudicating Authority then has fourteen days from that report to admit or reject the application. Applicants must serve a copy of their petition on the RP to enable the RP's examination and report; failure to serve the RP can prevent timely reporting, extend the interim moratorium unduly, and may justify procedural dismissal under the Adjudicating Authority's powers. (AI Summary)
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