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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.
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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.
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