Interim Moratorium Exclusion applies to pending personal-guarantor insolvency proceedings, permitting limited asset-preservation measures pending arbitration.
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....The amended exclusion from the interim moratorium applies to personal-guarantor insolvency applications filed before its commencement that remain pending. Its application is retroactive because it governs a continuing proceeding from the amendment's effective date without impairing vested rights, and it does not depend on the identity of the insolvency applicant. The interim moratorium consequently ceases for affected guarantors. Pending commencement and conduct of arbitration, limited protection may require asset disclosure and restrain alienation or dissipation of disclosed assets. Such measures do not require a deposit and may be vacated if arbitration-appointment proceedings are not initiated within the stipulated period, while remaining subject to modification by the arbitral tribunal.....
TaxTMI