https://www.taxtmi.com/caselaws?id=356954 Under the Insolvency and Bankruptcy Code, 2016, a personal guarantor of a corporate debtor falls within the Code's guarantor framework, and insolvency proceedings concerning such guarantor are linked to the corporate debtor's process before the same NCLT. The moratorium under Section 14, read with the statutory scheme, protects the corporate debtor's assets and, in the circumstances described, extends to the personal guarantor's property as well. As a result, a financial creditor cannot proceed against the personal guarantor under the SARFAESI Act during the moratorium period. en-us Wed, 28 Feb 2018 00:00:00 +0530 Thu, 15 Mar 2018 10:03:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=356954 Under the Insolvency and Bankruptcy Code, 2016, a personal guarantor of a corporate debtor falls within the Code's guarantor framework, and insolvency proceedings concerning such guarantor are linked to the corporate debtor's process before the same NCLT. The moratorium under Section 14, read with the statutory scheme, protects the corporate debtor's assets and, in the circumstances described, extends to the personal guarantor's property as well. As a result, a financial creditor cannot proceed against the personal guarantor under the SARFAESI Act during the moratorium period. Case-Laws Insolvency and Bankruptcy Wed, 28 Feb 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=356954