Personal guarantors and refinancing arrangements under the 4th Additional Provision of the Insolvency Act

1. Contingent claim against the guarantor who refinances under the 4th AP.
In this case, it is the guarantor who refinances and seeks homologation. It is clear that he can do so, despite the fact that the 4th AP is posited – not sure whether rightly so – on the premise that the guarantor stands outside the proceedings. Such premise has been brought to the limelight as a result of the homologation decisions in respect of Abengoa and FCC…