Writing for ACREL News & Notes, Beth Mitchell and Juliaana DiGesu Analyze When a Guaranty May Be EnforceablePrint PDF
Beth Mitchell and Juliaana DiGesu, a partner and an associate, respectively, in Nutter’s Real Estate Department, authored an article for ACREL News & Notes that analyzed the result of Cedar-Fieldstone Marketplace, LP vs. T.S. Fitness, Inc. In the article, “A Guaranty May Be Enforceable Even If Collection of the Underlying Debt is Barred,” Beth and Juliaana outline how Cedar-Fieldstone vs. T.S. Fitness highlights important aspects in both drafting and enforcing a guaranty. To the extent a guaranty clearly provides that the guarantor’s obligations are not affected by a release of the principal obligor, and the agreement releasing the principal obligor does not suggest otherwise, the guaranty should remain enforceable.