Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
The amended exclusion from the interim moratorium applies to...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The amended exclusion from the interim moratorium applies to insolvency applications against personal guarantors that were filed before commencement and remained pending. The phrase "where an application is filed" covers existing pending applications; this is characterised as retroactive operation on a continuing status, rather than retrospective operation affecting vested rights. Accordingly, the interim moratorium ceased from the amendment's effective date and did not bar the petition. Pending arbitration, limited equitable protection may include asset disclosure and restraints on alienation or dissipation, even where an insolvency professional may access similar information. Such relief remains subject to commencement of arbitration and further arbitral directions.
The amended exclusion from the interim moratorium applies to insolvency applications against personal guarantors that were filed before commencement and remained pending. The phrase "where an application is filed" covers existing pending applications; this is characterised as retroactive operation on a continuing status, rather than retrospective operation affecting vested rights. Accordingly, the interim moratorium ceased from the amendment's effective date and did not bar the petition. Pending arbitration, limited equitable protection may include asset disclosure and restraints on alienation or dissipation, even where an insolvency professional may access similar information. Such relief remains subject to commencement of arbitration and further arbitral directions.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
Join Channel
TaxTMI 
