Personal Guarantees
Section 95 IBC and Personal Guarantees: What to Review First
An overview of guarantee documents, debt records, notices, limitation and the statutory process for personal guarantors.
Points to review
- Review the guarantee instrument and invocation.
- Trace the underlying debt and material payments.
- Check limitation and earlier proceedings.
- Read the RP report and objections against the complete record.
This article is general information only. The applicable remedy and procedure depend on the documents, dates, current law, forum and stage of the specific matter. An enquiry does not protect a deadline.
Information to organise for an enquiry
- Proposed client and opposing parties
- Notice or order date and present forum
- Current stage and known upcoming date
- A short, non-confidential factual summary
Related practice information
Submit matter for preliminary review
Consultation and any further professional work require conflict review, express acceptance and separately agreed terms.
All legal insights →