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Section 95 insolvency proceedings against personal guarantors were held to be within limitation because the guarantors' debt liability had crystallised through the DRT judgment and recovery certificate, and the Covid-19 limitation extension plus later demand notice preserved a subsisting cause of action. The plea that approval of the corporate debtor's resolution plan extinguished the guarantors' liability was rejected, as personal guarantees were not dealt with in the plan and guarantor liability remains co-extensive for the unpaid balance. The Tribunal relied on the finality of the DRT adjudication and incomplete recovery, and upheld admission of the Section 95 applications.
Section 95 insolvency proceedings against personal guarantors were held to be within limitation because the guarantors' debt liability had crystallised through the DRT judgment and recovery certificate, and the Covid-19 limitation extension plus later demand notice preserved a subsisting cause of action. The plea that approval of the corporate debtor's resolution plan extinguished the guarantors' liability was rejected, as personal guarantees were not dealt with in the plan and guarantor liability remains co-extensive for the unpaid balance. The Tribunal relied on the finality of the DRT adjudication and incomplete recovery, and upheld admission of the Section 95 applications.
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