Convention Creditor
Corroborating this idea, article 160 of the Bankruptcy Act, at Headquarters in payment of credits, establishes that the creditor who had claimed part of the credit of a surety or guarantor or a solidary obligor before the Declaration of the contest shall be entitled to get payments corresponding to those in the competition until you added to the that perceived by your credit, to cover the total amount of this. 3 Involvement of creditors to the endorsed credit Convention arises the question of whether, if approved an agreement of creditors with certain takest away and waiting, their conditions would also affect the credit of the guaranteed creditor. That is, if approved the Convention and executed the guarantee, the guarantor could pay the creditor with collateral applying the takest away and waiting times authorized by the Convention. In this sense, he pointed out the LC that creditors who had not voted in favour of the Convention not bound by this in terms of full subsistence of his rights against the parties responsible jointly and severally with the bankrupt and in front of your safeties or guarantors, who may not invoke neither the approval nor the effects of the agreement to the detriment of those (article 135.1). This means that for the endorsement it would be affected (or damaged) by the take away and/or granted waits the debtor endorsed in the bankruptcy proceedings, should attend necessarily the previous budget that the creditor with collateral It has given its vote in favour of the Convention. Otherwise, the conditions of that Convention not be opposed by the guarantor against the creditor with endorsement.
I.e. the guarantor may not pay the creditor with endorsement the amounts endorsed removes and standby conditions laid down in the agreement of creditors. This is without prejudice to the guarantee in question consisted in an endorsement to first requirement and first demand.
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