Since the Bankruptcy Act 1542 a key principle of insolvency law has been that losses are shared among creditors proportionately. Creditors who fall into the same class will share proportionally in the losses (e.g. each creditor gets 50 pence for each £1 she is owed). However, this pari passu principle only operates among creditors within the strict categories of priority set by the law:[32]
The law permits creditors making contracts with a company before insolvency to take a security interest over a company's property. If the security is refers to some specific asset, the holder of this "fixed charge" may take the asset away free from anybody else's interest in order to satisfy the debt. If two charges are created over the same property, the charge holder with the first will have the first access.
The Insolvency Act 1986 section 176ZA gives special priority to all the fees and expenses of the insolvency practitioner, who carries out an administration or winding up. The practitioner's expenses will include the wages due on any employment contract that the practitioner chooses to adopt.[33] But controversially, the Court of Appeal in Krasner v McMath held this would not include the statutory requirement to pay compensation for a management's failure to consult upon collective redundancies.[34]
Even if they are not retained, employees' wages up to £800 and sums due into employees' pensions, are to be paid under section 175.
A certain amount of money must be set aside as a "ring fenced fund" for all creditors without security under section 176A. This is set by statutory instrument as a maximum of £600,000, or 20 per cent of the remaining value, or 50 per cent of the value of anything under £10,000. All these preferential categories (for insolvency practitioners, employees, and a limited amount for unsecured creditors) come in priority to the holder of a floating charge.
Floating charge holders come next. Like a fixed charge, a floating charge can be created by a contract with a company before insolvency. Like with a fixed charge, this is usually done in return for a loan from a bank. But unlike a fixed charge, a floating charge need not refer to a specific asset of the company. It can cover the entire business, including a fluctuating body of assets that is traded with day today, or assets that a company will receive in future. The preferential categories were created by statute to prevent secured creditors taking all assets away. This reflected the view that the power of freedom of contract should be limited to protect employees, small businesses or consumers who have unequal bargaining power.[35]
After funds are taken away to pay all preferential groups and the holder of a floating charge, the remaining money due to unsecured creditors. In 2001 recovery rates were found to be 53% of one's debt for secured lenders, 35% for preferential creditors but only 7% for unsecured creditors on average.[36]
Any money due for interest on debts proven in the winding up process.
Money due to company members under a share redemption contract.
Debts due to members who hold preferential rights.
Ordinary shareholders, who have the right to residual assets.
Home
→ Any money due for interest on debts proven in the winding up process
Langganan:
Posting Komentar (Atom)
BESTSELLER
-
Berg Sierra Twin Space Saver L-Shaped Bunk Bed with Desk and Storage 22-80-XX Berg Crafted with pride in the USA, the Sierra Collection fea...
-
Berg Twin Loft with Central Play Area & Desk 91-74 Berg Finally, a bedroom system that has it all! The Play and Study line combines yea...
-
Urbangreen Thompson Bunk Bed with 3 Drawers THBB1 Size: Twin, Wood Veneer: Walnut, Finish: Bleached Urbangreen The Thompson Bunk Bed set off...
-
Westwood Twin over Twin Bunk Bed Shop for Bunk Beds from SimplyBunkBeds.com! Featuring a classic bunk bed design, the Westwood Twin over Tw...
-
Schoolhouse Twin over Full Bunk Bed - White Shop for Bunk Beds from SimplyBunkBeds.com! The Schoolhouse Twin over Full Bunk Bed - White is ...
-
Newport Cottages Ricki Bunk Bed (2 Twins) NPC-4495 Newport Cottages Features: -Installation Type: Tongue and Groove. -Bevel: Micro. -Surface...
-
Cinnamon Twin over Twin Bunk Bed Shop for Bunk Beds from SimplyBunkBeds.com! The handsome Cinnamon Twin-over-Twin Bunk Bed is sure to be a ...
-
Lea Elite Hannah Twin Bunk Bed in White - 147-9X6R-BunkBed Lea - Bunk Beds - 1479X6RBunkBed - Collection Details: Hannah is a cleaner, casua...
-
Ginger Twin over Full Bunk Bed Shop for Bunk Beds from SimplyBunkBeds.com! A blend of style quality and convenience the Ginger Twin over Fu...
-
Pine Ridge Honey Pine Full over Full Bunk Bed Shop for Bunk Beds from SimplyBunkBeds.com! There's a lot to love about the simply stunni...
Recent Posts
Category
ALL PRODUCTS
-
▼
2013
(636)
-
▼
September
(61)
- Hot Hot Twin over Twin Deluxe Tent Bunk Bed Soft P...
- Schoolhouse Twin over Full Bunk Bed - Chocolate
- Atlantic Furniture Richmond Twin over Twin Wood Bu...
- Schoolhouse Jordan Full over Full Bunk Bed - Choco...
- Schoolhouse Twin over Full Bunk Bed - Chocolate
- Classic 4.0 Saddle Brown Twin over Full Bunk Bed
- Schoolhouse Twin over Full Bunk Bed - Chocolate
- Hot Shot Twin over Twin Slat Bunk Bed
- Schoolhouse Casey Twin over Twin Bunk Bed - White
- Hot Hot Twin over Twin Deluxe Tent Bunk Bed Soft P...
- Columbia Twin over Twin Stairway Bunk Bed
- Classic 4.0 Saddle Brown Twin over Full Bunk Bed
- Schoolhouse Casey Twin over Twin Bunk Bed - White
- Hot Shot Twin over Twin Panel Bunk Bed
- Schoolhouse Casey Twin over Twin Bunk Bed - Chocolate
- Smile Girl Twin over Twin Slat Tent Bunk Bed Pink ...
- Hot Hot Twin over Twin Tent Bunk Bed Hot Pink and ...
- Schoolhouse Jordan Full over Full Bunk Bed - Choco...
- Hot Hot Twin over Twin Tent Bunk Bed Soft Pink and...
- Schoolhouse Casey Full over Full Bunk Bed - Chocolate
- Schoolhouse Taylor Twin over Twin Bunk Bed - White
- Hot Shot Twin over Twin Panel Bunk Bed
- Classic 4.0 Summer White Twin over Full Bunk Bed
- Schoolhouse Twin over Full Bunk Bed - Chocolate
- Enterprise Twin over Full Bunk Bed - White
- Schoolhouse Taylor Full over Full Bunk Bed - Pecan
- Tree House 3 Piece Twin Over Twin Bunk with Trundl...
- Schoolhouse Taylor Twin over Twin Bunk Bed - White
- Schoolhouse Twin over Full Bunk Bed - White
- Classic 4.0 Summer White Twin over Twin Bunk Bed
- Classic 4.0 Summer White Twin over Twin Bunk Bed
- Schoolhouse Casey Twin over Twin Bunk Bed - Chocolate
- Schoolhouse Casey Twin over Twin Bunk Bed - Pecan
- Berg Furniture Enterprise Lofts Twin Over Twin Bun...
- Schoolhouse Casey Twin over Twin Bunk Bed - Pecan
- Lea Dillon Brown Cherry Full Over Full Bunk Bed - ...
- Standard Furniture Reagan Loft Bed and Trundle in ...
- Schoolhouse Taylor Twin over Twin Bunk Bed - Choco...
- Get It Twin Over Twin Bunk Bed
- Schoolhouse Jordan Twin over Twin Bunk Bed - Cherry
- Schoolhouse Taylor Full over Full Bunk Bed - Choco...
- Deer Run Loft Bed with Lower Bed Frame, Full
- Sleep and Slide Loft Bed White Twin
- Any money due for interest on debts proven in the ...
- Schoolhouse Taylor Twin over Twin Bunk Bed - Choco...
- Schoolhouse Casey Full over Full Bunk Bed - Chocolate
- Get It Twin Over Twin Bunk Bed
- Atlantic Furniture Columbia Twin over Twin Bunk Be...
- Schoolhouse Taylor Full over Full Bunk Bed - Pecan
- Schoolhouse Jordan Twin over Twin Bunk Bed - Choco...
- Deer Run Loft Bed with Lower Bed Frame, Twin
- Schoolhouse Casey Twin over Twin Bunk Bed - Chocolate
- Laugh Girl Twin over Twin Slat Slide Deluxe Tent B...
- Schoolhouse Jordan Twin over Twin Bunk Bed - Choco...
- Atlantic Furniture Windsor Twin over Twin Wood Bun...
- Nantucket Twin over Full Bunk Bed
- Sierra Twin over Twin Bunk Bed
- Chelsea Home Twin Over Full Standard Bunk Bed with...
- Lea Classics Full Bunk Bed - 816-986R
- American Woodcrafters Cottage Traditions Panel Bed...
- Schoolhouse Taylor Full over Full Bunk Bed - Cherry
-
▼
September
(61)
Tidak ada komentar:
Posting Komentar