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Section 95 IBC Proceedings Against Personal Guarantors Valid Once Corporate Debtor Default Is Finalised
Once default of the Corporate Debtor is finally adjudicated under Section 7 IBC, personal guarantors cannot reopen the issue to resist proceedings under Section 95 of the Code.
Feb 173 min read


Personal Insolvency Proceedings Under Section 95 IBC Require Prior Invocation of Guarantee: NCLAT
The NCLAT held that a Form B demand notice cannot substitute invocation of a personal guarantee and that proceedings under Section 95 IBC against a personal guarantor are not maintainable without prior contractual invocation.
Feb 133 min read
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