Arizona Guarantor Waiver Which Avoids Release of Guarantor by Reason of the Tenant Discharge Release or Bankruptcy

State:
Multi-State
Control #:
US-OL4A024BB
Format:
Word; 
PDF
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Description

This office lease guaranty states that the guarantor's obligations under this guaranty shall be unaffected by any discharge or release of the tenant, its successors or assigns, or any of their debts, in connection with any bankruptcy, reorganization, or other insolvency proceeding or assignment for the benefit of creditors.

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FAQ

You are filing bankruptcy, and someone signed your personal guarantee: If someone signed a personal guarantee to assist you in obtaining a loan, that person will still be liable after you file for bankruptcy, but you can discharge your own debts. What is a Personal Guarantee in Bankruptcy? - Sawin & Shea sawinlaw.com ? blog ? what-is-a-personal-g... sawinlaw.com ? blog ? what-is-a-personal-g...

A priority claim is debt that is entitled to special treatment in the bankruptcy process and will get paid ahead of non-priority claims. These might include bank lenders, employees, the government if any taxes are due, suppliers, and investors who have unsecured bonds. Creditor's Perspective: What is Creditor Priority & How Does It Work? x-claim.com ? blog ? creditors-perspective-... x-claim.com ? blog ? creditors-perspective-...

Guaranties are commonly used by creditors to limit their risk by shifting the risk of loss in a transaction to a third party (the guarantor) who will agree to pay the obligations owed by the person or entity primarily liable for the debt (the principal obligor) if the principal obligor defaults on its obligations.

The guarantor waives all rights and defenses that the guarantor may have because the debtor's debt is secured by real property. This means, among other things: (1) The creditor may collect from the guarantor without first foreclosing on any real or personal property collateral pledged by the debtor.

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Arizona Guarantor Waiver Which Avoids Release of Guarantor by Reason of the Tenant Discharge Release or Bankruptcy