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Roger
Roger, Attorney
Category: Bankruptcy Law
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Can a personal guarantee have within it that it cannot be affected

Customer Question

Can a personal guarantee have within it that it cannot be affected by bankruptcy on a commercial lease? Is this legal?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney. Thanks for your question.

A provision of this nature can be included in a lease agreement, but it is generally not worth the paper it's written on. Courts have routinely found these provisions to be unenforceable and against public policy. Here's a link to a very good article regarding this subject: http://www.clarktrev.com/pdf/Waiving_the_Red_Flag-May_1998.pdf

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