Personal guarantor proceedings

Personal Guarantee & Section 95 IBC Proceedings

Practice information on personal guarantee disputes, Section 95 IBC applications, resolution professional reports, NCLT proceedings and objections concerning personal guarantors.

Guarantee and debt analysis

The guarantee instrument, invocation, underlying debt, limitation, payments and the corporate debtor record may all affect the position of a personal guarantor.

NCLT process

Section 95 proceedings involve statutory stages that should be addressed on the record, including the RP process and the hearing before the adjudicating authority.

Information for preliminary review

Organise the proposed client and opposing parties, the current forum and stage, relevant notice or order dates and any known upcoming date. Provide only a short, non-confidential summary at enquiry stage.

Any consultation, drafting, opinion or representation requires conflict review, express acceptance and separately agreed scope and professional terms. An enquiry does not protect a deadline.

Related reading

All practice areas · Ongoing corporate counsel