Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
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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...
An arbitral award is a claim in corporate insolvency resolution, requiring the award-holder to submit it to the resolution professional. Once a resolution plan is approved, claims excluded from that plan are extinguished under the clean slate principle, and proceedings concerning them cannot continue. An unsubmitted award claim therefore renders a pending challenge to the award infructuous. A court deposit made as security for staying execution of an award does not amount to payment or transfer ownership to the award-holder. The deposit remains an asset of the corporate debtor, subject to the court's conditions, and may be refunded with accrued interest after the underlying claim is extinguished.
An arbitral award is a claim in corporate insolvency resolution, requiring the award-holder to submit it to the resolution professional. Once a resolution plan is approved, claims excluded from that plan are extinguished under the clean slate principle, and proceedings concerning them cannot continue. An unsubmitted award claim therefore renders a pending challenge to the award infructuous. A court deposit made as security for staying execution of an award does not amount to payment or transfer ownership to the award-holder. The deposit remains an asset of the corporate debtor, subject to the court's conditions, and may be refunded with accrued interest after the underlying claim is extinguished.
Note: It is a system-generated summary and is for quick reference only.
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