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Disclaimed Property

Disclaimed Property

Postby tcheliah » Wed Jul 26, 2017 5:22 am

Please give me a case which decided that a liquidator disclaimed property vested in a guarantor, Thanks
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Re: Disclaimed Property

Postby dls » Wed Jul 26, 2017 8:06 am

Such an event would only happen against a particular contractual background. The background would be so particular as to make it not generally useful.

Guarantors do not exist in a contractual vacuum. There is an underlying logic that a guarantor has an implied indemnity from the principal debtor and where the debt is secured on property, that may well give him a legal interest in the property.
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Re: Disclaimed Property

Postby atticus » Wed Jul 26, 2017 8:12 am

Does the OP have in mind a leasehold interest, disclaimed by the liquidator of the tenant? And where the guarantee is of the tenant's obligations?

If so, the OP may be seeking to find an analogy with the provisions where a guarantor may seek relief from forfeiture or an "overriding lease".

Does the swarb case law site have anything?
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Re: Disclaimed Property

Postby shootist » Wed Jul 26, 2017 8:59 am

atticus wrote:Does the OP have in mind a leasehold interest, disclaimed by the liquidator of the tenant? And where the guarantee is of the tenant's obligations?

If so, the OP may be seeking to find an analogy with the provisions where a guarantor may seek relief from forfeiture or an "overriding lease".

Does the swarb case law site have anything?


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Re: Disclaimed Property

Postby atticus » Wed Jul 26, 2017 9:06 am

It's called knowledge, training and more than 30 years experience. You may have these, in a different field.
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